{1} ca925710.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9257 OF 2010 IN CIVIL APPLICATION NO.5366 OF 2009 IN FIRST APPEAL NO.2448 OF 2008 Varsha d/o Shivaji Bobade and another Applicants Versus New India Assurance Co.Ltd. and others Respondents WITH CIVIL APPLICATION NO.9650 OF 2010 IN CIVIL APPLICATION NO.5304 OF 2009 IN FIRST APPEAL NO.2449 OF 2008 Varsha d/o Shivaji Bobade and another Applicants Versus New India Assurance Co.Ltd. and others Respondents Mr.P.S.Pawar, advocate for applicants. Mr.Dhananjay Deshpande, advocate for respondent no.1-Insurance Co.. CORAM : R.M.BORDE, J. DATE : 27th July, 2011 PER COURT: 1 Shri Deshpande, learned Counsel appearing for Respondent No.1- Insurance Company, informs that in First Appeal No.2448/2008, a sum of Rs.4,02,365/- is deposited by the Insurance Company, whereas, in First Appeal No.2449/2008, a sum of Rs.4,25,985/-, is deposited. {2} ca925710.odt 2 The beneficiary of the amount is a minor. The claim was presented by claimant no.1 Varsha, her grandmother – Shantabai and uncle – Vithal. The claim arises out of accidental death of father and mother of Varsha. It is informed that Smt.Shantabai – grandmother of Varsha has also died. This Court, on earlier occasion, permitted the claimants to withdraw some amount on furnishing solvent security. Before the claimants could withdraw the amount, Smt.Shantabai, claimant no.2, had died. In changed circumstances, in order to safeguard interest of claimant no.1 Varsha, order passed by this Court, permitting withdrawal of amount by claimants no.2 and 3, needs to be modified. Claimant Vithal is uncle of claimant no.1 Varsha. 3 I have heard arguments advanced by learned Counsel for respective parties. It is stated that claimant no.1 Varsha is aged about 10 years and is a school going child. Her both parents have died in the fatal accident and she is being looked after by her uncle, claimant no.2 – Vithal. In the instant application, applicants have prayed for deletion of name of claimant Shantabai as her legal heirs are already on record. Applicants are permitted to delete name of Shantabai. Name of Shantabai shall be struck off from the record of appeal also and claimant no.1 Varsha and claimant no.2 Vithal be treated as legal heirs of deceased Shantabai and there is no need to take steps by the appellant, in that regard. 4 In order to safeguard interest of minor claimant no.1 Varsha, it is necessary to issue direction for investment of total amount of compensation in Nationalised Bank in fixed deposit until claimant no.1 {3} ca925710.odt Varsha attains the age of majority. For the benefit of minor claimant Varsha, claimant Vithal shall be permitted to withdraw quarterly interest accrued on the amount invested in fixed deposit. The amount receivable by Vithal shall be applied by him for the benefit of child i.e. applicant no. 1 Varsha. The order passed by this Court earlier in C.A. Nos.5304/09 & 5366/09, stands modified and it is directed that total amount of compensation deposited by the Insurance Company in this Court in both the appeals, shall be invested in any Nationalised Bank initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter until disposal of appeal. Claimant Vithal shall be entitled to withdraw quarterly interest accrued on the fixed deposit amount and the amount withdrawn shall be applied for upbringing of the minor child Varsha. 5 In view of the modification, as directed, both the Civil Applications stand disposed of. R.M.BORDE JUDGE adb/ca925710