1 76-caf.2086.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 2086 OF 2011 IN FIRST APPEAL NO. 1112 OF 2011 The New India Assurance Company Ltd. ... Applicant Versus Smt. Malan Sukhadeo Patole and others. ... Respondents ----- Mr. D.R.Mahadik for the Applicant. Mr. A.M.Gokhale for the Respondent Nos.1 to 6. ----- CORAM : A.S.OKA, J. DATE : 26 th September, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent Nos.1 to 6. 2 Perused the record. Serious issue of identity of the dead body is involved. The original claimants claimed that the dead body found was of the deceased – Sukhadeo Rajaram Patole. There is material on record to show that the driving licence found on the person 2 76-caf.2086.11 of the deceased was in a different name. 3 Under the impugned judgment and award and in particular clause (4) of the operative part thereof, certain amounts have been directed to be paid to the first claimant - Smt.Malan Sukhadeo and the original Opponent No.2 – Respondent No.6 – Smt. Sonabai Rajaram Patole. The concerned parties will have to furnish security while withdrawing the said amounts. It will be open for the second to fourth claimants to apply to this Court for seeking permission to withdraw a reasonable amount after attaining majority. 4 The learned counsel appearing for the Applicant states that the entire compensation amount has been deposited with the Tribunal. 5 Hence, the application is disposed of by passing the following order: i. There will be interim stay in terms of prayer clause (a) ; 3 76-caf.2086.11 ii. The amounts directed to be paid to the first and sixth Respondents herein in terms of clause (4) of the operative part of the impugned judgment and award shall be paid over to them only after the said two Respondents furnish security for the said amounts to the satisfaction of the Tribunal ; iii. Rest of the amount shall be invested in the fixed deposit as directed under the impugned judgment and award ; iv. The first claimant shall be entitled to withdraw quarterly interest accrued on the fixed deposit ordered to be kept in the names of second to fourth claimants till they respectively attain majority ; v. It will be open for the second to fourth claimants to apply to this Court for seeking permission to withdraw a reasonable amount after they attain majority ; and 4 76-caf.2086.11 vi. The withdrawal of the interest on the rest of the amount shall not be permitted. [ A.S.OKA, J ]