FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2865 of 2006 IN FIRST APPEAL NO. 625 of 2004 Smt.Dipti Dilip Nalawade .. Applicant versus The Oriental Insurance Co. .. Respondent ... Mr.Rege i/b Leena K. Sawant for the applicant. Mr.S.M. Vidyarthi for respondent no.1. CORAM : SMT.RANJANA DESAI & CORAM : SMT.RANJANA DESAI & CORAM : SMT.RANJANA DESAI & A.P. DESHPANDE, JJ. A.P. DESHPANDE, JJ. A.P. DESHPANDE, JJ. DATED : 28th July 2006. DATED : 28th July 2006. DATED : 28th July 2006. P.C:- 1. In this Civil Application, the applicants have prayed that an amount of Rs.1,25,594/- be directed to be paid to Sushila B. Nalawade, applicant no.5 who is the mother of the deceased together with intererst accrued thereon till date of payment. 2. We have heard the learned counsel for the parties. In the circumstances of the case, in our opinion, applicant no.5 being the mother, direction needs to be given to pay the said amount to her. We are informed by Mr.Rege learned counsel for the applicant that the amount deposited by the Insurance Company is directed to be invested in Fixed Deposit by the trial Court. If that is so, the trial Court will have to ensure that the necessary steps are taken to see that the amount directed to be paid to applicant no.5 is withdrawn and handed over to her. Affidavits of Dipti Dilip Nalavade applicant no.1 and affidavit of Rutika Dilip Nalawade applicant no.2 containing undertaking to indemnify the appellant in case the appellant succeeds are taken on record. 3. In the circumstances, we pass the following order:- . The trial Court is directed to pay an amount of Rs.1,25,594/- to applicant no.5 Sushila B. Nalawade. If the said amount is invested in Fixed deposit, the trial Court shall ensure that necessary steps are taken to withdraw the said amount. The said amount may then be paid to applicant no.5 Sushila B. Nalawade as directed by us. 4. Civil Application is disposed of in the aforestated terms. 5. Parties to act on authenticated copy supplied by the P.A./Associate. (Smt.Ranjana Desai) (A.P. Deshpande)