1 MSS IN THE HIGH COURT OF JUDICATURE AT BOBBY IN THE HIGH COURT OF JUDICATURE AT BOBBY IN THE HIGH COURT OF JUDICATURE AT BOBBY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION NO. 659 OF 2008 IN FIRST APPEAL NO. 1702 OF 2007 MRS. SUNITA AZGARSEN CHELLIYA & ANR. APPLICANTS Vs. JAGAT KISHORE BALKRISHNA KALANTRI & ORS. .. RESPONDENTS Mr. V. S. Talkute for applicants Mr. A. A. Garge for respondents 3 & 4. CORAM:SMT.RANJANA DESAI & SMT. R.P. SONDURBALDOTA, JJ. DATE: 29/4/08 P.C. . The applicants had filed a claim in the Motor Accident Claims Tribunal ("Tribunal" for short) at Kalyan. Applicant 1 is the widow of deceased Azgarsen, who died in motor vehicle accident which took place on 9/2/97 at Pune-Nasik Road. Applicant 2 is the daughter of deceased Azgarsen. The Tribunal by the impugned order directed that an amount of Rs.2 lakhs with interest be paid to applicant 1. The Tribunal further directed that 2 applicant 2 is entitled to an amount of Rs.40,000/- with interest. The Tribunal, however, directed that amount be invested in applicant 2’s name in any nationalized bank till she attains majority. The Tribunal also directed that Rs.50,000/- be paid to applicant 1 by account payee cheque. 2. The appeal is filed by the applicants claiming that they are entitled to more amount and that amount granted be enhanced. 3. This civil application is taken out by the applicants for permission to withdraw the compensation amount which is deposited in the Tribunal. 4. We have heard learned counsel for the applicants at some length. Admittedly respondent 3 who is the father of the deceased Azgarsen is dead. Learned counsel for the applicants states that in view of the death of the 3rd respondent, he is not pressing prayer clause (a) at present. He submitted that he will take necessary steps which are required to be taken in law to amend the petition. 3 5. So far as prayer for withdrawal is concerned, in our opinion, at this stage it would not be appropriate to permit the 1st applicant to withdraw Rs. 2 lakhs. We feel that over and above Rs.50,000/- which is directed to be paid to her by account payee cheque, she should be allowed to withdraw a sum of Rs.75,000/- more. Needless to say that she will be entitled to withdraw the said amount with accrued interest till the date of withdrawal. 6. If the amount is invested the Motor Accident Claims Tribunal, Kalyan will have to withdraw that much amount from the invested amount and make it over to the 1st applicant. Order accordingly. 7. Civil Application is disposed of. JUDGE JUDGE