1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.4925 OF 2010 WITH CIVIL APPLICATION NO.12703 OF 2010 IN FIRST APPEAL (stamp) NO.24534 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : April 15, 2010 1. Heard Shri A.S. Bajaj and Shri V.N. Upadhye, learned counsel for applicants in the respective applications. 2. These two are the applications, one by original claimants for withdrawal of the amount and another by the Insurance company for stay of the judgment and order of the learned Member of the Motor Accident Claims Tribunal, Jalna in M.A.C.P. No.144 of 2006 decided on 30.4.2009. 3. Claimants-applicants in C.A.No.4925 of 2010 seek permission for withdrawal of the amount of compensation of Rs.5,78,181/= deposited by insurance company as awarded 2 by the learned Member of the Tribunal. Applicants Nos. 2 to 4 are minors. Deceased was mother of applicant Nos. 2 to 4 and wife of applicant No.1 Thaknath Shirsath. 4. In the circumstances, amount of Rs. 78,181/= be paid to the applicant No.1 on his furnishing security to the satisfaction of the Tribunal. Remaining amount be invested in Fixed Deposit in a nationalized bank and periodical interest on the Fixed Deposit be paid to applicant No.1 towards maintenance of applicant Nos.2 to 4 on written undertaking by applicant No.1 that he shall refund the said amount/s as and when called upon by the Court. 5. Hence, civil application No.4925 of 2010 by the claimants stands disposed of. 6. Consequently, Civil Application No. 12703 of 2009 by the Insurance Company for stay is allowed. Interim order made absolute as the amount is already deposited and hence the same stands disposed of as such. pnd/ca4925.10 (P.R.BORKAR, J.)