1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. OF 2009 IN FIRST APPEAL St. NO. 7274 OF 2008 Oriental Insurance Co. Ltd. ........Applicant versus Swaleha Sarfoddin Sk. & ors........ Respondents. Mr. A.R.Kapadnis adv. for the Applicant Mr. S.G. Deshpande, adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 9th FEBRUARY, 2009. P.C.: 1. Heard. The learned counsel for the appellant has placed on record a Misc. application with a view to have the appeal restored to file which has been dismissed on account of non compliance of the order dated 20-3-2008. The appeal has been dismissed on the ground that the affidavit of service has not been filed within the stipulated time frame. For the reasons set out in the application, the same is allowed. Appeal is restored to file. Office to register the civil application and the same is disposed of. (A. P. DESHPANDE, J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5561 OF 2008 IN FIRST APPEAL St. NO. 7274 OF 2008 Swaleha Sarfoddin Sk. & ors ........Applicant versus Oriental Insurance Co. Ltd......... Respondents. Mr. A.R.Kapadnis adv. for the Applicant Mr. S.G. Deshpande, adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 9th FEBRUARY, 2009. P.C.: 1. The husband of the applicant no.1 died in a motor vehicle accident. The other applicant nos.2 to 5 are the children of the applicant no.1 and her deceased husband. A claim petition was filed before MACT and the same has been allowed by the Tribunal awarding compensation in favour of the applicants. A total sum of Rs. 2,19,000/- have been awarded which includes the amount of no fault liability as well. The amount of compensation awarded is to carry inteterest at the rate of 6% per annum. Pursuant to the award passed the entire amount has been deposited in the court below including the amount of interest. 2. The Tribunal has awarded Rs. 40,000 /- each to 3 the applicants 2 to 5 whereas rest of the amount is awarded to the applicant no.1. At the time of filing of the application, the applicant nos.2 to 5 were minor and as of now the appliant nos.2 and 3 have attained majority whereas the applicant nos.4 and 5 are still minor. This position is not disputed and the same is also revealed from the birth certificates placed on record which are marked for identification as `X,Y,Z' . Bearing in mind, the fact that the applicants 4 and 5 are still minors, application for withdrawl of amount cannot be allowed in full in favour of applicant no.1 as interest of the minors will have to be protected. 3. The insurance company has questioned the correctness of the award to the extent of sum of Rs. 1,10,000/- and there is no challenge to the award of balance amount. The reason for challenging the part of the award is that according to the appellant, the vehicle has collided and thus half amount of the liability ought to have been fastened on the insurance company, with whom the vehicle of respondent no.6 had been insured. If and in case the appellant succeeds then appropriate award can be passed against respondent nos. 6 and 7. However, for the purposes of disbursement of the amount, there should be no impediment. 3. In the result, it is directed that MACT shall deposit Rs. 50,000/- each in the nationalised bank in the names of the applicant nos.4 and 5 who are minor initially for a period of two 4 years. Respondent nos.2 and 3 are permitted to withdraw the amount awarded to their share and the balance amount is permitted to be withdrawn by the applicant no.1. The withdrawal, however, shall be subject to furnishing security to the satisfaction of MACT. (A. P. DESHPANDE, J.)