1 C. A. No. 17407/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 17407 OF 2010 IN FIRST APPEAL NO. 692 OF 2010 Jinat Begum Akhtar Husen and others .. Applicants Versus Maharashtra State Road Transport Corporation .. Respondents Shri Vijay Sharma, Advocate for Applicants. Shri M. K. Goyanka, Advocate for the Respondent No. 1. CORAM : K. K. TATED, J. DATE : 15TH DECEMBER, 2010. PER COURT : . Heard learned counsel Mr. Sharma for applicants and learned counsel Mr. Goyanka for the respondent No. 1. The present civil application is preferred by the original claimants for withdrawal of amount deposited by the respondent/original appellant in the Trial Court pursuant to the order passed in Civil Application No. 3659/2010 dated 22nd March, 2010. Learned 2 C. A. No. 17407/2010 counsel appearing on behalf of applicants submits that applicant No. 1 is mother of the deceased and applicant No. 2 is wife of deceased. They lost their bread winner and it is difficult for them to survive. He further submits that applicant Nos. 1 and 2 required the amount to maintain themselves as well as their school going children i. e. applicant Nos. 3 to 5. 2. Learned counsel appearing on behalf of respondent No. 1 opposed the present civil application on the ground that once the amount is allowed to withdrawn, then it is difficult for them to recover the same if they succeed in the appeal. It is admitted that applicants have lost their bread winner. Applicant Nos. 3 to 5 are minor, whereas the applicant No. 1 is senior citizen. 3. Considering the submissions made by the learned counsel appearing on behalf of applicants and the reasons disclosed by them in para 3 of the civil application, the civil application is allowed on following terms. 4. The applicant No. 2 is allowed to withdraw a sum of Rs. 2,00,000/- (Rs. Two lakh only) on behalf of applicant Nos. 1, 3 to 5 without furnishing any security. 3 C. A. No. 17407/2010 5. The Tribunal is directed to invest the remaining amount in any Nationalized Bank in fixed deposit initially for a period of three years and renew the same from time to time. 6. The applicant No. 2 is entitled to withdraw the quarterly interest on the said fixed deposit for maintaining applicant No. 1, 3 to 5. The civil application disposed of accordingly. [K. K. TATED, J.] bsb/Dec. 10