{1}

Civil Application No.11557/2011

drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.11557 OF 2011

IN

FIRST APPEAL NO.1150 OF 2003

Sharad Tejpal Shah and Others APPLICANTS

VERSUS

The National Insurance Co Ltd., & others

RESPONDENTS

.......

Mr.A.S.Barlota, Advocate for the applicant

Mr.N.S.Patil h/f Mr.P.P.Bafna, Advocate for R-1

Mr.P.C.Mayure, h/f Mr.S.G.Chapalgaonkar, for R-4

.......

[CORAM : A.V.POTDAR, J.]

DATE: 9

th December 2011

PER COURT:

1.

By the present application, the applicants have prayed

to allow them to withdraw the amount of compensation deposited

by respondent No.1 in First Appeal No.1150/2003, which has been

already disposed of vide order dated 17.07.2009 by partly allowing

the appeal. This Court has directed the joint and several liability of

both the insurance companies and both the vehicles involved in

{2}

Civil Application No.11557/2011

the accident. It is informed that the judgment passed in First

Appeal is not challenged in the Supreme Court and hence the

same has attained finality. In the premise, I do not notice any

impediment in allowing the appl