1 fa-1296-10 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1296 OF 2010 Smt. Smita Amol Gavande and anr. .. Appellants Vs. Shri Milind Ukha Devre and ors. .. Respondents Mr. J.G. Reddy for appellants. Mr. Ajay S. Patil for respondent nos.3 and 4. CORAM: B. H. MARLAPALLE & A. A. SAYED, JJ. September 06, 2010. P.C. 1. Claim Application No. 593 of 2006 came to be decided by the learned Member of MACT, Pune on 23/7/2009 and an amount of Rs.12,10,100/- came to be awarded by way of compensation with interest at the rate of 6% p.a. from the date of the application till its realization. The present appellant was Claimant No.1 with Claimant No.2 as her minor daughter and Claimant Nos.3 and 4 are her father-in-law and mother-in-law 2 fa-1296-10 respectively. 2. While granting the compensation, the learned Member had directed to invest an amount of Rs.3,00,000/- each in the name of the applicant no.1, the present appellant no.1 and applicant no.4, her mother- in-law in any nationalized bank in fixed deposit for a period of five years and an amount of Rs.1,00,000/- was directed to be paid to each of applicant nos.3 and 4 from the compensation amount. Hence, applicant no.1 in her personal capacity and as the guardian of her minor daughter, applicant no. 2, has filed this appeal. The claim for enhanced compensation has been given up and, therefore, the remaining grievance was about the amount of compensation directed to be paid to applicant nos.3 and 4 who are the present respondent nos.3 and 4. 4. However, during the pendency of this appeal, the applicant no. 1 – Smita W/o Amol Gavande and her in-laws i.e. Mahadev S/o Maruti Gavande and Smt. Shobha W/of Mahadev Gavande have arrived at a compromise which has been reduced in writing and respondent nos.3 and 4 have given up their claim for compensation in favour of the present appellants. The compromise terms have been reduced in writing on a 3 fa-1296-10 stamp paper and in a form of an agreement, which has been notarized on 14/6/2010. Mr. Patil, the learned counsel appearing for respondent nos.3 and 4 confirms that the settlement between the appellants and respondent nos.3 and 4 has been arrived at and respondent nos.3 and 4 are present in the court along with the appellants. Hence, it is jointly prayed to modify the award passed on 23/7/2009. 5. Hence, it is directed that Clause Nos.5 and 7 of the award passed by the learned Member of MACT, Pune on 23/7/2009 in Claim Application No. 593 of 2006 and which is subject matter of this appeal, be modified and read as under:- (5) On payment of compensation, an amount of Rs. 6,00,000/- shall be invested in the name of applicant no.1 in any nationalized bank in fixed deposit for a period of five years. (7) Out of the remaining amount, an amount of Rs. 4 fa-1296-10 2,00,000/- be invested in the name of applicant no.2 – Kum. Gauri Amol Gavande in any nationalized bank for a period of five years and be renewed thereafter till she gets married. 6. The appeal is disposed off with the above modifications in the impugned award by consent of the parties and the Registry is directed to issue a fresh award. (A. A. SAYED,J.) (B. H. MARLAPALLE, J.)