1 caf2934.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2934 OF 2010 IN FIRST APPEAL NO.1572 OF 2009 1 Sunita Ashok Salunkhe @ Rajapure and others ...Applicants vs. Maharashtra State Road Transport Corporation and others ...Respondents Mr.Dilip Bodake for the applicants Mr.C.M.Lokesh i/b M/s.G.S.Hegde for respondent no.1 Mr.Rakesh Singh for respondent no.7 CORAM :A.S.OKA,J. DATE : SEPTEMBER 3, 2010 P.C. 1 Heard the learned counsel for the applicants and the learned counsel for the 1st respondent. Perused the findings recorded by the tribunal. The challenge in appeal is both on the grounds of negligence and quantum. The driver of the bus has been examined. The compensation awarded appears to be on the higher side. Considering the facts and circumstances of the case, a reasonable amount will have to be permitted to be withdrawn by the original claimants. 2 Hence, the application is disposed of by passing the following order : i) If the entire compensation amount is already invested, the tribunal will order premature encashment of the investment. ii)The 1st claimant (widow) will be permitted to 2 caf2934.sxw withdraw a sum of Rs.1,50,000/- without security. iii) A sum of Rs.1,50,000/- each shall be invested in separate fixed deposits in the name of 2nd and 3rd claimants till the disposal of the appeal. The 1st claimant will be entitled to withdraw interest accrued on the fixed deposits made in the name of the 2nd and 3rd claimants till the 2nd and 3rd claimants respectively attain majority. After the said claimants attain majority, it will be open for them to apply for withdrawal of the amount. iv) The rest of the amount shall be invested in fixed deposit till the final disposal of the appeal. JUDGE