1 IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION NO.266 OF 2005 IN FIRST APPEAL NO. 36 OF 2002 1. Shri Krishna Govlind Gawas, major, agriculturist, r/o H. No.12, Zarme, Valpoi, Satari, Goa, 2. Smt. Radhika @ Yamuna K. Gawas, w/o Krishna Gawas, housewife, major, House No.12, Zarme, Valpoi, Satari, Goa, Applicants IN Oriental Insurance Co. Ltd., Gouvia Chambers, 3rd Floor, Helidoro Salgado Road, Panaji, Goa. ... Appellant Versus 1. Shri Krishna Govlind Gawas, major, agriculturist, r/o H. No.12, Zarme, Valpoi, Satari, Goa, 2. Smt. Radhika @ Yamuna K. Gawas, w/o Krishna Gawas, housewife, major, House No.12, Zarme, Valpoi, Satari, Goa, 3. Shri Dinanath Narayan Usapkar, s/o Narayan Usapkar, major, driver, r/o Pilgao, Bicholim, Goa, 4. Shri Shaik Muna Shaik Minawar, major, bus- owner, H.No.61, Nanus, Valpoi, Goa, and 2 5. Shri Krishna Ram Gawas, major, businessman, Zarme, Sattari, Goa. ...Respondents. Mr. R. N. Naik, advocate for the applicants /original respondents no.1 and 2. Mr. E. Afonso, for the original appellant. CORAM : A. P. LAVANDE, J. DATE : 27th April, 2005. ORAL ORDER This application has been filed by the respondents no. 1 and 2 in First Appeal No. 36 of 2002, who were the original claimants in Claim Petition No.70/97 before the Motor Accident Claims Tribunal at Mapusa. 2. Respondent nos. 1 and 2 pray that they may be allowed to withdraw the amount of Rs.1,65,000 /- alongwith accrued interest thereon in terms of the compromise filed before the Lok Adalat on 17th April, 2004. Mr. Afonso, learned counsel appearing for the appellants has no objection if respondents no.1 and 2 are permitted to withdraw the amount of Rs.l,65,000 /- alongwith interest accrued thereon. It is not necessary to issue notice to respondent nos.3, 4 and 5 since they are not adversely affected by the order that is being passed. 3. In view of the above, the application is allowed. 3 The amount of Rs.l,65,000 /- alongwith the interest accrued thereon is ordered to be paid to respondent nos. 1 and 2 in equal shares. The balance amount with accrued interest thereon is ordered to be paid to the appellant, Oriental Insurance Co. Ltd. 4. The application stands disposed of. A. P. LAVANDE, J. mc.