.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5405 OF 2007 IN FIRST APPEAL NO. 1604 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.R.M. Sanghavi for the applicants. Ms.Poonam Mital for the respondents. CORAM : D.G. KARNIK, J. DATE : 8TH OCTOBER 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicants prays for withdrawal of the amount deposited before the Tribunal. By two orders dated 28th January 2008 and 15th February 2008, the applicants have already been permitted to withdraw the sum of Rs.1,25,000/- without any security. In my view, that amount is enough for meeting the immediate expenses. Applicants nos.4 and 5 are minors. It would not therefore be proper to permit the withdrawal of the entire amount. - 2 - 3. Further more, appeal has already been admitted and the liability of the insurance company is disputed as the deceased is claimed to be a fare paying passenger contrary to the terms and conditions of the policy. Hence, it is not possible to permit withdrawal of the principal amount. Hence, I pass the following order:- 4. The amount deposited by the insurance company, other than Rs.1,25,000/- which has already been permitted to be withdrawn, be invested in a fixed deposit in State Bank of India initially for a period of 13 months to be renewed from time to time till the disposal of the appeal. Interest accrued on the amount of deposit shall be paid to the applicants subject to execution of personal bond by the major applicants. 5. Civil application is disposed of. (D.G. KARNIK, J.)