((-1-)) ms t IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2550 OF 2008 IN FIRST APPEAL NO.1532 OF 2006 Dyaneshwar S. Kale Applicant versus New India Assurance Co.Ltd. and another Respondents Mr.M.B.Kotak for applicant. Mr.S.R.Singh for respondents. CORAM : SMT.RANJANA DESAI AND SMT.R.P.SONDURBALDOTA, JJ. DATE : 05th May 2008 PC : 1. This Civil Application is filed by claimants feeling aggrieved by order passed in Application No.1931 of 1997 which was disposed of by the Motor Accidents Claim Tribunal, Mumbai on 30th January 2006. The New India Assurance Co.Ltd. was directed to pay jointly and severally compensation of Rs.8,77,000/- to the applicants along with interest @ 7.5% p.a. on the amount of compensation from the date of filing of the application. This compensation amount is inclusive of NFL amount of Rs.50,000/-. In this Civil Application the ((-2-)) claimants have prayed that they may be allowed to withdraw a substantial sum from the compensation amount deposited by the Insurance Company in the Motor Accidents Claim Tribunal. 2. We have heard learned counsel for the claimants. He submitted that the only son of the claimants has died in an accident. The claimants are old. Because of the death of their only son they are finding it very difficult to survive. Therefore, they pray that a substantial amount may be permitted to be withdrawn. In the circumstances of the case, following order will meet the ends of justice. 3. Order :- a) The applicants are permitted to withdraw a sum of Rs.2.00 lakh (Rs.Two lakh only) with the accrued interest from the amount deposited in the Tribunal by the New India Assurance Company Limited without furnishing security; b) In addition to above a sum of Rs.1.00 lakh (Rs.One lakh only) can be withdrawn by the claimants on furnishing security to the ((-3-)) satisfaction of the Tribunal; c) Rest of the amount shall be invested by the Tribunal in any nationalised bank on usual terms. That amount shall abide by final orders that may be passed in this appeal; d) The cheque should be issued in the name of first and second applicants in the sum of Rs.1.00 lakh (Rs.One lakh only) each; 4. Civil Application disposed of accordingly. JUDGE JUDGE