- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2723 OF 2007 WITH FIRST APPEAL No. 529 OF 2002 Transport Manager, Pune & Ors. ... Applicants Vs Mrs. Lucyamma John & Ors. ... Respondents Mrs. Pramila S. Bhangale i/b Janardhanan, for the applicants. None for the Respondents. CORAM : A. P. DESHPANDE, J. DATED : FEBRUARY 6, 2009. P.C. . Heard the learned counsel for the applicant. The husband of the applicant No. 1 who happens to be father of the applicant No. 2, had suffered an accidental death, hence, present applicants lodged the claim under the Motor Vehicles Act. The Tribunal awarded compensation in the sum of Rs. 2,97,000/- by passing an award on 14th June, 2001. This Court by an order dated 13th December 2001 granted stay to the execution of the award, as the entire amount - 2 - covered by the award was deposited in this Court. The applicant then moved an Application No. 5213 of 2001 and prayed permission to withdraw a sum of Rs. one lakh. This Court by an order dated 23rd April 2002 permitted the applicants to withdraw a sum of Rs. one lakh after furnishing security to the satisfaction of the Tribunal. The learned counsel for the applicants submits that despite making all possible efforts, the applicants could not arrange for security and hence, amount though permitted to be withdrawn, could not be withdrawn. As such present Application is moved for modification of the order dated 23rd April 2002, with a view to have condition of furnishing security dispensed with. Having regard to the totality of the facts and circumstances, I have no doubt to come to the conclusion that applicants are badly in need of money for their survival and review of the earlier order of conditional withdrawal of a sum of Rs. one lakh, and as such condition of furnishing security needs to be relaxed. In the result, the order dated 23rd April 2002 passed by this Court stands modified to the extent it directs furnishing of security to the satisfaction of the Tribunal and the applicants are permitted to - 3 - withdraw a sum of Rs. one lakh without furnishing any security. Sd/- [ A. P. DESHPANDE, J.]