.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5275 OF 2007 IN FIRST APPEAL NO. 2414 OF 2007 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.Amit Sale for the applicant. Mr.V.B. Rajure for the respondents nos.1 to 4. CORAM : D.G. KARNIK, J. DATE : 11TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard. 2. This application is by the judgment debtor for stay of an order for payment of compensation awarded by the Motor Accidents Tribunal. 3. The claim arises out of the death of Parshuram Gorakha. The respondent no.1 is widow and the respondents nos.2 to 4 are children of the deceased. Two of the children are minor. Some amount would be needed for their upkeep. - 2 - 4. The Tribunal has passed an award for Rs.2,60,000/- plus interest of 7.5% from the date of the petition till payment. The petition was filed on 17th July 2003. The amount of interest upto date would come to over a lakh of rupees, thus making the total of Rs.3,60,000/-. Out of the said amount of Rs.3,60,000/-, the applicant has already deposited Rs.25,000/- and Rs.50,000/- in the Tribunal making the total of Rs.75,000/-. 5. Taking these facts into consideration, in my view, the stay can only be conditional upon the applicant depositing the further sum of Rs.1,00,000/-. Accordingly, I pass the following order:- (a) Decree holders are permitted to withdraw sum of Rs.75,000/- already deposited by the applicant, without furnishing any security. (b) Execution of the award passed by the Tribunal is stayed subject to the applicant depositing a further sum of - 3 - Rs.1,00,000/- in the Tribunal within 8 weeks hereof. (c) On such deposit, a sum of Rs.25,000/- shall be paid to the decree holders without furnishing security and the balance of Rs.75,000/- shall be invested in a nationalised bank of the choice of the applicant, if such choice is indicated within a week of the deposit, or else in the State Bank of India for a period of 13 months or such other nearabout period which carries better rate of interest, to be renewed from time to time till the disposal of the appeal. The decree holders are permitted to withdraw the interest accrued on the amount till the disposal of the appeal. (d) The civil application is disposed of. (D.G. KARNIK, J.)