IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 1029 OF 2009 IN FIRST APPEAL NO. 199 OF 2009 SMT. GUNJI CHAKRAMMA AND 5 ORS., ... Applicants Versus THE NEW INDIA ASSURANCE CO. LTD ... Respondent Mr. D. B. Ambekar,Advocate for the applicants. Mr. E. Afonso, Advocate for the respondent. Coram:- U. D. SALVI, J. Date:- 8th February, 2010 P.C. Heard. Perused application and the record. 2. Stay to the execution of the Award was granted subject to the appellant Insurance Company depositing the entire dues under the said Award. It is this amount lying deposited in the Court is sought to be withdrawn by the respondent No.1 for herself and on behalf of the respondent Nos. 2 and 3 - her daughters, the victims of the Motor Accident in question. 3. It is submitted that the respondent No.1 is a widow, who has to look after maintenance of her mentally retarded daughter - the respondent No.2 Supriya and maintenance and education of the respondent No.3 Praveena. The application, however, reads vice versa as regards the daughters i.e. the respondent Nos. 2 and 3. This, according to the Advocate, is a mistake and needs to be taken in proper sense. 4. The application further reveals that the respondent No.1 widow is presently in employment with Government Polytechnic as a Sweeper. It is correct that the learned Motor Accident Claims Tribunal while allowing the claim of the respondents / claimants rejected the petitioner - Insurance Company's contention that the vehicle was not insured at the time of the accident. However, the debate over this controversy continues with the presentation of this appeal. Issue regarding the liability of the Insurance Company is based on the facts concerning tampering of policy record. Issue is debatable. 5. Considering these facts and circumstances, the amount lying deposited shall be allowed to be withdrawn after deducting therefrom the tax deductible at source thereon in accordance with law by the respondent No.1 on her behalf and on behalf of the respondent Nos. 2 and 3 subject to the bank guarantee being furnished for refunding the entire amount withdrawn in the event of the appellant- Insurance Company succeeding in the present appeal. The appellant- Insurance Company is directed to file an affidavit placing on record the fact that the entire dues as on the date of Award have been deposited in the Court. The application stands disposed of accordingly. U. D. SALVI, J. SMA