:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4862 OF 2008 IN FIRST APPEAL NO. 2212 OF 2008 1. Gwaldas N. Panjwani and ors. ..Applicants Vs. 1. New India Insurance Co. Ltd. and anr. ..Respondents Mr. Sandesh Deshpande for applicants. Mr. Rohan Darandale for respondent no.1. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 28, 2009. Date : January 28, 2009. Date : January 28, 2009. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the respective parties. Mr. Darandale the learned counsel appearing for the Insurance Company state that the break up of the deposited amount has been checked and interest has been calculated till 10/11/2006, though the amount has been deposited on or about 6/2/2007. He seeks time to deposit the balance amount by way of interest accruing from 10/11/2006 to 6/2/2007. He further states that the said amount will also be deposited with the Claims :2: Tribunal within four weeks from today. 2. The applicant no.2 has filed additional affidavit in support of this application for withdrawal of some amount from the amount deposited by the Insurance Company with the Claims Tribunal. 3. We have noted that the original Claimant No.3 - Priya Panjwani got married on 8/7/2007 and the applicant no.2 states that he spent an amount of Rs.3,00,000/- on the said marriage. As per him he has borrowed the said amount of Rs.3,00,000/- from friends/relations. The applicants also state that the applicant no.1 is 67 years of age and does not keep good health, whereas applicant no.2 is 61 years of age and suffering from mental agony, stress and trauma, as per the said affidavit. 4. We are satisfied that the claimants should be allowed to withdraw an amount of Rs.4,00,000/- (Rupees Four Lacs Only) and the balance amount should remain invested in fixed deposit. However, the applicant nos.1 and 2 should be allowed to withdraw the :3: quarterly interest accrued on the fixed deposit amount. 5. Hence, it is directed that an amount of Rs.4,00,000/- (Rupees Four Lacs Only) be allowed to be withdrawn by the applicant nos.1 and 2 from the Claims Tribunal and the balance amount already deposited and to be deposited within four weeks shall be invested in fixed deposit with a nationalised bank by the Claims Tribunal, initially for a period of two years and to be renewed, if the appeal remains pending. The applicant nos.1 and 2 shall be entitled to withdraw the quarterly interest amount accrued on the fixed deposit. 6. Civil Application is disposed accordingly. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)