1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8463 OF 2009 IN FIRST APPEAL STAMP NO. 2104 OF 2009 1. Smt. Chaya W/o Mohan Jarange, Age : 29 Years, Occu. : Household, 2. Kalyan S/o Mohan Jarange, Age : 8 Years, Occu. : Education, 3. Shubham S/o Mohan Jarange, Age : 06 Years, Occu. : Nil, Applicant No. 2 and 3 being minor, through applicant No. 1. 4. Sarjerao S/o Tukaram Jarange, Age : 64 Years, Occu. : Nil., 5. Salubai W/o Sarjerao Jarange, Age : 62 Years, Occu. : Household, All R/o Matoli, Tq. Pathardi, District Ahmednagar. .. .. APPLICANTS Versus 1. New India Assurance Company, Through its Branch Manager, Aurangabad. 2. Balu S/o Bhiku Dorage, Age : Major, Occu. : Business, R/o Yewat, Tq. Daund, District Pune. 2 3. Kerba S/o Manik Chaudhari, Age : Major, Occu. : Driver, R/o Yadawadi, Post Khamgaon, Tq. Daund, Dist. Pune. .. .. RESPONDENTS Shri Sachin S. Deshmukh, Advocate for the Applicants. Shri A. B. Kadethankar, Advocate for the Respondent No. 1. Shri A. N. Nagargoje, Advocate for the Respondent No. 3. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 21ST AUGUST, 2009. ORAL ORDER [Per B. R. Gavai, J.] : 1. This is an application for withdrawal of the amount which is deposited in this Court by the appellant/Insurance Company. 2. The learned Motor Accident Claim Tribunal vide judgment and award dated 07.07.2008 has awarded the compensation of Rs. 16,08,776/-. 3. Out of said amount an amount of Rs. 3,00,000/- each has been directed to be deposited in the name of minor claimant Nos. 2 and 3. An amount of Rs. 2,50,000/- each has been directed to be paid to claimant No. 4 Sarjerao Jarange and claimant No. 5 Sulabai Jarange. An amount of Rs. 4,00,000/- is directed to be invested in the name 3 of claimant No. 1 Chaya in Fixed Deposit Receipt in any Nationalized Bank for a period of five years. 4. The remaining amount including the interest if any is directed to be paid to the claimant No. 1 Chayabai. 5. We are inclined to partly allow the application. The amount which is directed to be deposited in the Fixed Deposit Receipt vide paragraph 3 and 5 of the operative order is directed to be kept in the Fixed Deposit Receipt as directed by the learned Tribunal, to be reinvested in the Fixed Deposit Receipt after completion of period of five years and same shall be subject to final decision of the appeal. 6. The amount which is directed to be paid to claimant No. 4 Sarjerao and claimant No. 5 Sulabai as per paragraph 4 and amount which is directed to be withdrawn by the claimant No. 1 Chayabai is permitted to be withdrawn without furnishing any surety. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09