1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3603 OF 2008 IN FIRST APPEAL STAMP NO.20036 OF 2005 Smt.Taibai Ganpat Bhanusghare & ors. : Applicants. Versus Oriental Insurance Company Limited : Respondents. Mr.Venkatesh A. Shastry for the Applicants. CORAM : R.M.SAVANT, J DATED : JULY 25, 2008 P.C. 1. By the above Civil Application, the Applicants pray for following reliefs :- (A) That this Honourable High Court may be pleased to direct the learned Motor Accident Claims Tribunal, Pune to permit the Applicants to withdraw the total remaining amount of compensation deposited by the Respondent Insurance Company before the learned Motor Accident Claims Tribunal, Pune. 2 (B) That this Honourable High Court may be pleased to direct the learned Motor Accident Claims Tribunal, Pune to discharge the Applicants from the personal bonds dated 29th September, 2006 executed by the applicants before the learned Tribunals per the order dated 12th September, 2006 passed by this Honourable High Court. 2. Respondent – Oriental Insurance Company Ltd. Is the original Appellant in the above First Appeal. The First Appeal has been admitted by an order dated 10.07.2007. The First Appeal was moved for urgent reliefs on 21.9.2005, when this Court has granted ad-interim stay on the condition that 50% of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Pune be deposited by the Appellant in the Tribunal. Thereafter, the said Civil Application came up for confirmation of the said ad-interim order before a Single Judge of this Court on 12.9.2006 when a further order came to be passed. In so far as present Civil Application is concerned, Paragraphs 9 and 11 of the said order dated 3 12.9.2006 are material which read thus :- “It is made clear that even if the Respondents are permitted to withdraw 50% of the amount of compensation from the Tribunal still the applicant/Insurance Company has to deposit the remaining 50% of the amount of compensation in the Tribunal and thus the interest of the Applicant/Appellant are protected up to the extent of 50% of amount of compensation.” “The M.A.C.T. Pune is directed on receipt of 50% of the amount of compensation from the Applicant/Insurance Company within a period of four weeks, as directed above, to invest said amount with any Nationalized Bank, initially for a period of seven years and in the absence of any order from this Court said F.D.R. Shall be renewed for three years every time. 3. It appears that in spite of the directions as contained in the aforesaid Paragraph 11 of the said order, the Appellant-Insurance Company did not deposit 50% of the balance amount of the 4 compensation and, therefore, the Applicants were constrained to press the execution proceedings which were already pending. Pursuant to the order passed in the said execution proceedings, the Appellant-Insurance Company has deposited the balance amount of 50% of the Compensation in the Executing Court. The Applicants, herein, have, therefore filed the instant Civil Application praying that they may be allowed to withdraw the said amount. 4. It is the contention of the learned counsel appearing for the Applicants that the directions as contained in Paragraph 11 of the order dated 12.9.2006 cannot be applied in view of the fact that the amount has been deposited pursuant to the executing proceedings. He, therefore, states that the Applicants should be allowed to withdraw the said amount. 5. In my view, the order dated 12.9.2006 is a self-operative order. The Applicants herein were allowed to withdraw 50% of the amount of compensation by furnishing personal undertaking. In so far as balance 50% is concerned, this Court had directed that the said amount should be invested in a Nationalized Bank. In my view, 5 merely because the said amount has been deposited pursuant to the execution proceedings, it would make no difference as the said decretal amount does not loose its character as such. 6. In that view of the matter, the reliefs sought by prayer clause (a) cannot be granted. In so far as prayer clause (b) is concerned, this Court had allowed the Applicants herein to withdraw 50% of the amount of the compensation by the order dated 12.9.2006 on a condition to furnish personal undertaking. The said condition, therefore, also cannot be diluted . In that view of the matter no relief can be granted in the present Civil Application. The Civil Application is accordingly dismissed. However, the Executing Court is directed to invest balance 50% amount in a nationalized bank initially for a period of seven years and, thereafter to be renewed for an appropriate period as per the order dated 12.9.2006. [R.M.SAVANT, J]