1 C.A.No. 9484 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.9484 OF 2011 IN FIRST APPEAL NO.1371 OF 2009 Smt. Laxmibai Wd/o Narayan Khillare and ors. ..APPLICANTS VERSUS The Oriental Insurance Co. Ltd. & ors. ..RESPONDENTS Mr V.P. Kadam, Advocate for the applicants; Mr A.A. Joshi, Advocate for respondent no.1 CORAM : MRS MRIDULA BHATKAR, J. DATE : 20th September, 2011 PER COURT : By this application the applicants seek withdrawal of the amount deposited by the respondent no.1 – insurance company as per the judgment and award of the Motor Accident Claims Tribunal/District Judge-3, Aurangabad, dated 2.1.2009 in MACP No.321 of 2006. 2. Respondent no.1 – insurance company has deposited the entire amount of award, i.e. Rs.16,52,683/- in this Court pursuant to the order passed by this Court. 3. Learned Counsel for the applicants submits that the applicants are 2 C.A.No. 9484 of 2011 wife, parents and minor child of the deceased. It is necessary for the applicants to get financial aid to survive and also to bring up the child. This application is vehemently opposed by the learned Counsel appearing on behalf of the insurance company. Learned Counsel for respondent – insurance company submits that the insurance company has filed appeal in which a contention is raised that Drivers of both the vehicles were not made party to the claim petition and, therefore, the claim and the proceedings are vitiated. He further submits that the insurance company challenges the proof of the salary of the deceased on the ground that the deceased died in the month of March, 2006 and his salary certificate for the month of September, 2005 was produced on record, i.e. the salary certificate pertaining to six months prior period of the death of the deceased. 4. In the judgment, Tribunal has considered the income of the deceased on the basis of some documentary evidence. The Tribunal has also considered the liability in view of the contributory negligence of the vehicle. These issues can be argued and decided at the stage of final hearing of the appeal. 5. Considering the financial need and undisputed fact that the vehicle involved in the accident was insured with the respondent - insurance company, the applicants are allowed to withdraw 50% amount deposited by the insurance company, on condition that the applicants furnish 3 C.A.No. 9484 of 2011 solvent surety for 30% amount and give undertaking to the satisfaction of the Registrar of this Court for 20% amount which is allowed to be withdrawn. Civil Application is allowed accordingly. ( MRS MRIDULA BHATKAR, J.) amj/ca9484.11