1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.15062 OF 2011 IN FIRST APPEAL NO.591 2011 Kamlabai Bhikan Mistry and others APPLICANTS VERSUS Sukumar F.Choughule and others RESPONDENTS Mr.P.N.Kutti, learned counsel for the applicants. Mr.D.P.Deshpande, learned counsel for respondent no.2. Mr.P.S.Paranjape, learned counsel for respondent no.7. Mr.N.V.Gaware, learned counsel for respondent no.6. (CORAM : A.V.POTDAR, J.) DATE : 12/12/2011 PER COURT : 1. This is an application by the original claimants for withdrawal of the amount, deposited by the Insurance Company, as per the directions given in the impugned judgment and award passed by the Motor Accident Claim Tribunal, Jalgaon. The operative part of the judgment reads as : “On deposit of the amount aforementioned, Rs.75,000/- (Rupess Seventy fiven thousand_ each be kept in the name of petitioners no.2 Umakant Bhikan Mistary, no.2 Harsha Bhikan Mistary and no.4 Varsha Bhikan Mistary in the nationalized bank until they attain majority. Rs.1,00,000/- (Rupees one lakh) be kept in the name of petitioner no.1 2 Smt.Kamlabai Bhikan Mistary in the nationalized bank for a period of 5 years.” 2. It is not under dispute that the claimants are dependents on the deceased. For their day to day livelihood, they require some amount. So far as the minors are concerned, the amount, which is directed to be deposited in the fix deposit, that amount, at least, at this stage, can not be allowed to withdraw. Certainly, the amount for which applicant no.1 is entitle, is allowed to be withdrawn. Considering this aspect, and the practical view of the matter, application is partly allowed with following directions : 1. Application is partly allowed. 2. The applicants are allowed to withdraw Rs.1,00,000/- with accrued interest thereon, which is deposited in the name of applicant no.1. 3. The applicants are allowed to withdraw the interest on the amount deposited in the name of applicants no.2 to 4, periodically. 4. The applicants to furnish the undertaking to this Court that this withdrawal is subject to the final decision in the first appeal. 5. Application stands disposed of accordingly. 6. Parties to act on the authenticate copy of this order. (A.V.POTDAR, J.) khs/DEC.2011/ca15062-11