1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1777 OF 2008 IN FIRST APPEAL (st.) NO. 24521 OF 2007 Smt. Mohini Ashok Takalkar & ors........Applicants versus New India Assurance Co.Ltd......... Respondents. Mr. V. B. Tapkir adv. for the Applicants Mr. I. R. Kulkarni adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 16th JANUARY, 2009. P.C.: 1. Consent Terms are filed on record whereunder a claim aising out of motor accident is settled between the Insurance company and the claimants of the deceased. The claimants are the wife of the deceased who is respondent no.1, children of the deceased who are minor impleaded as respondent nos.2,3 and 4, father and mother of the deceased as respondent nos.5 and 6 respectively. The tribunal had granted compensation in the sum of Rs. 6,50,000/- (including a sum of Rs.50,000/- already paid on account of no fault liability). According to the consent terms claim has been settled at Rs.6 lacs (including the sum of Rs.50,000/- paid by the insurance company on account of no fault liability). Thus after deduting the amount received towards no fault liability 2 the claimants would now be receiving a sum of Rs.5,50,000/-. The consent terms are signed by the respondent for herself and the respsondent nos. 2 to 4 who are her minor children, the respondent no.5 father of the deceased and the respondent no.6 mother of the deceased by affixing thumb impression respectively. The learned counsel for the insurance company has signed and has made a statement that he owns an authority to sign the consent terms on behalf of the company. He has placed on record a copy of the authority letter in that regard, and a joint request is made for disposal of the appeal in consent terms. However perusal of the consent terms reveals that the same does not provide for apportionment of the amount received from the insurance company amongst the claimants. The court is concered about the apportionment because respondent nos.2,3 and 4 are minor. The learned counsel for the respondent claimants submits that the tribunal had directed that a sum of Rs.one lac be kept in fixed deposit in the name of the minors respondent nos.2 to 4 in the nationalised bank. He also submits that the said arrangement be continued by passing appropriate order while disposing of the consent terms. He further submits that the wife of the deceased respondent no.1 should get Rs.one lac, respondent no.6 mother of deceased should also get Rs.one lac whereas the balance amount of Rs.50,000/- be released in favour of the respondent no.5 father of the deceased. The apportionment in this fashion would be in the interest of the 3 claimants more so the minor children and the wife. 2. In the result the appeal stands disposed of in consent terms and the amount of Rs.5,50,000/- received from the appellant towards compensation under the consent tems shall be released and/or deposited in the manner indicated hereinbelow. A cheque shall be issued in the name of respondent no.1 in the sum of Rs.one lac, and a sum of Rs.one lac shall be kept in fixed deposit in the name of rspondent nos.2,3 and 4 each in the nationalised bank (agregating a total sum of Rs. Thee lacs.), a sum of Rs. 50,000/- be released in favour of repsondent no.5 by cheque. A sum of Rs. One lac be released in favour of respondent no.6 by cheque. The amount shall be released in this fashion by the tribunal where the entire amount has been deposited. In the result the appeal stands disposed of in consent terms. (A. P. DESHPANDE, J.)