1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2656 OF 2010 IN FIRST APPEAL NO. 984 OF 2005 Ashabai Tukaram Patil & others .. APPELLANTS VERSUS United India Insurance Co. Ltd., & others .. RESPONDENTS Mr. Milind Patil, Advocate for the appellants. Mr. A.B. Gatne, Advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 4th MARCH, 2010 PER COURT : 1 This is an application seeking withdrawal of amount of compensation amounting to Rs.13,28,122/-. 2 2 Applicants / original claimants presented Motor Accident Claim Petition no. 195/2001 claiming compensation on account of death of husband of claimant no. 1 and father of claimant nos. 2 and 3 in a vehicular accident. Deceased was driving the vehicle i.e. Bajaj M-80 on the relevant date and he sustained dash of the offending vehicle ie. the truck driven by original opponent no. 1. As a result of which he succumbed to death. On consideration of all the relevant aspects, the tribunal held the claimants entitled to receive amount of Rs.9,78,000/- alongwith interest at the rate of 9% per annum from the date of presentation of the petition till realisation of the amount. Age of the deceased at the time of death was 40 years and he was serving as a clerk in the sugar factory. He was drawing salary more than Rs.5000/- per month. Considering all the relevant aspects, the tribunal has awarded compensation as stated above. 3 It is stated that the insurance company has deposited amount of Rs.13,28,122/-. Considering the relevant aspects, I am of the opinion that the ends of justice would meet if the claimants are permitted to withdraw the sum of Rs.7,00,000/- on furnishing solvent security. Application is thus allowed. Applicants are permitted to withdraw sum of Rs.7,00,000/- on furnishing solvent security for the like amount. Balance of amount shall be invested in 3 fixed deposit initially for a period of three years and the fixed deposit receipt shall be renewed on completion of said period of three years for a period until disposal of the appeal. Civil application stands disposed of. ( R. M. BORDE, J.) dyb/office/ca2656.10.odt