1 THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATON NO. 4578 OF 2009 IN FIRST APPEAL NO. 1794 OF 2009 The Oriental Insurance Co. Ltd. ....Appellant/Applicant Versus Anita Sukhdeo Thorat & Ors. ....Respondents Shri Rahul Mehta, Advocate for the Appellant. Shri V. B. Rajure, Advocate for Respondent Nos. 1 to 5. CORAM : A.P. DESHPANDE & R. V. MORE, JJ. DATE : 18th MARCH, 2010. P.C.: Heard learned Counsel for the Appellant/Applicant, so also learned Counsel for the Respondents. 2. The deceased- Sukhdeo was the husband of Respondent No.1/Original Applicant and father of Respondent Nos. 2 to 5 who expired in motor vehicle accident prompting the Respondents herein to file 2 a claim petition. The claim petition has been allowed by Motor Accident Claims Tribunal, Raigad, by passing an Award dated 1st August, 2009. Under the Award, the Respondent No.1 (wife of the deceased) has been allotted a sum of Rs. 3,12,500/-. Whereas, the Respondent Nos. 2 to 5 each are to receive Rs.2,80,000/- under the Award. The total being Rs.14,32,500/- together with future interest @ 9% p.a. from the date of the claim petition until final payment. The Appellant/Applicant i.e. the Oriental Insurance Co. Ltd. has deposited the entire amount covered by the Award before the Tribunal in the sum of Rs.16,30,976/-. 3. The learned Counsel for the Respondents dispute the fact that the Appellant has deposited the entire amount covered by the award. We do not propose to go into the correctness of the calculation in regard to the exact amount due and the one that is deposited. We leave that question open to be decided by the Tribunal. 4. The learned Counsel for the Respondents submits that the Respondent No.1 – wife of the deceased, be permitted to withdraw the amount of compensation falling to her share being Rs.3,12,500/-. Whereas, rest of the amount remain invested in a Nationalised Bank in the name of Respondent Nos. 2 to 5 as directed by the Tribunal. Only request that is made by the learned Counsel for the Respondents is that the 3 Respondent No.1 be permitted to withdraw the interest that would accrue on the amount invested in the name of Respondent Nos. 2 to 5 in the Nationalised Bank. We see the request to be just and fair. In the result, we pass the following order: 1. Pending the decision of the Appeal, there shall be stay on the execution of the award dated 1st August, 2009 passed by the Motor Accident Claims Tribunal, as the entire amount is already deposited in the Motor Accident Claims Tribunal. 2. The Respondent No.1 is permitted to withdraw an amount of Rs.3,12,500/-. 3. The Respondent No.1 shall also be entitled to withdraw the interest accruing on the amount deposited in the names of Respondent Nos. 2 to 5 in the Nationalised Bank, every quarter. 4. Liberty to apply for withdrawal of further amount, in the event of change in circumstances. The Civil Application is disposed of, in view of the above order. Sd/- Sd/- (R.V. MORE, J.) (A.P. DESHPANDE, J.)