1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2992 OF 2008 IN FIRST APPEAL NO.271 OF 2000 Lilabai Prakash Dhumal & ors .. Applicants V/s. Maharashtra State Road Transport Corporation ..Respondent Mr.Madhav Jamdar, Advocate, for the applicants Mr.C.M.Lokesh, Advocate, for respondent CORAM : R.M.SAVANT, J. DATE : 25TH SEPTEMBER, 2008 P.C. . By the above Civil Application the applicant prays that the stay granted by this Court by Order dated 2nd March, 2000 and further Order dated 14th August, 2002 in Civil Application No.1782 of 2000 in First Appeal No.271 of 2000 be vacated as regards an amount of Rs.25,000/-. 2. The applicants are the original respondents in the above First Appeal which has been filed by the M.S.R.T.C. By the impugned 2 Judgment and Award passed by the Member of the Motor Accident Claim Tribunal, Satara an amount of Rs.1,36,455/- was awarded to the applicants, who are the claimants in the Claim Petition filed before the M.A.C.T. It appears that in the above First Appeal stay was granted to the Judgment and Award of the M.A.C.T, Satara on the condition of deposit of the said awarded amount by the respondents in the above Civil Application i.e.M.S.R.T.C and was also to operate against the withdrawal of the said amount. However, oblivious of the stay granted by this Court, the amount awarded to the applicants was already withdrawn by them, pursuant to the order passed by the M.A.C.T, Satara allowing the applicants to withdraw the said amount. However, after the order of this Court was brought to the notice of the M.A.C.T, Satara an order directing to redeposit the said amount was passed by the M.A.C.T. The applicants have accordingly pursuant to the said Order of the Tribunal redeposited the said awarded amount. Save and except an amount of Rs.25,000/- it is the case of the applicants in the above Civil Application that they are not in a position to deposit the said amount as the applicant No.1 is working as a maid 3 servant and therefore, she does not have the financial capacity to redeposit the said amount. It is further stated that the amount which has been withdrawn was utilized for the marriage of one of the daughters of the applicant No.1. Considering the fact that the husband of the applicant No.1 died in the accident as also considering the financial position of the applicant No.1 and also considering the fact that the applicants have deposited rest of the amount excluding the said amount of Rs.25,000/-, interest of justice would be served if the Civil Application is allowed in terms of the prayer clause (a). 3. However, the applicants to file an undertaking in this Court within a period of eight weeks from date stating that in the event, the applicants lose in the above First Appeal or the respondents succeed in the above First Appeal, the applicants would bring back the said amount of Rs.25,000/- within such time as will be stipulated by this Court at the final hearing of the above First Appeal. Civil Application is accordingly disposed of. 4 (R.M.SAVANT, J.)