1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NOS 5903 OF 2008 AND C.A.No.308 OF 2010 IN FIRST APPEAL NO.346 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr I.R.Kulkarni for the applicants- appellants. Mr R.S.Chahal for the respondent. CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 02/03/2010 PC: Heard learned counsel for the parties. The applicants-Insurance company, in their application, have prayed for stay of the impugned judgment, while the claimants, in their application, have prayed for allowing them to withdraw the amount deposited by the Insurance company. We have perused the impugned judgment so also the civil applications filed by both the parties. The operative T 2 portion of the impugned judgment reads thus:- 1. The petition is partly allowed. 2. The opponent no.1 and 2 are ordered to pay jointly and severally an amount of Rs.14,74,500/- (inclusive of No Fault Liability) to petitioners with interest at the rate of 8% p.a from the date of petition till realization of the entire amount. 3. The opponents no.1 and 2 are directed to pay above compensation on amount to petitioner in following proportion: A) Out of the total amount of compensation, interest and cost as above, 25% amount to be paid to applicant No.1 by issuing two separate account payee cheques drawn on any nationalized bank of her choice. i) Out of total amount payable to applicant no.1 as above, an amount of 10% be kept in fixed deposit for three years in any nationalized bank of the choice of applicant no.1 and remaining amount be paid to her. B) Out of the total amount of compensation, interest and costs as above, 25% amount be paid to applicant no.3,4 and 5 by issuing two separate account payee cheques drawn on joint names of applicants, on any nationalized bank of their choice. i) Out of total amount payable to applicant no.3, 4 , 5 as above, an amount of 10% be kept in their 3 joint names in fixed deposit for three years in any nationalized bank of the choice of applicant no. 3,4 ,5 and remaining amount be paid to them by issuing joint account payee cheque in their names drawn on any nationalized bank of their choice. C) Out of the total amount of compensation, interest and cost as above, all remaining amount (i.e 50%) be paid to applicant no.2 by issuing account payee cheque drawn in names of applicant no.2 on any nationalized bank of the choice of applicants. a) All the amount payable to opponent no.2 as above be kept in fixed deposit in his name till he attains age of majority, in any nationalized bank of the choice of applicants. ii) The applicant no.1 – his mother, in the event of exigency, by moving separate application in that regard, is at liberty to withdraw the periodical interest accrued on fixed deposit kept in the name of applicant no.2, with strict restriction to utilize the amount of interest towards welfare and well being of the minor son-applicant no.2. 4. An award be drawn up accordingly.” Keeping in view the directions issued by the Tribunal and considering overall facts and circumstances of the case, we are 4 satisfied that the following interim order shall meet the ends of justice. Pending the hearing and final disposal of the appeal, Respondent nos 1 and 2 together are allowed to withdraw ten percent of the total compensation, including the accrued interest thereon, deposited by the insurance company unconditionally. Respondent nos 3 and 4 together are also allowed to withdraw ten percent of the total decreetal amount including the interest and respondent no. 5 is allowed to withdraw five percent of the total principal amount and the accrued interest thereon unconditionally. If the appeal is not heard within a period of one year from today, liberty to the respondents to apply for further withdrawal, if so advised. (R.Y.GANOO, J.) (D.B.BHOSALE, J.) 5