1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5985 OF 2008 IN FIRST APPEAL St. NO. 81053 OF 2008 Smt. Narmadabai Bhagvan Kadu & ors........Applicants versus The Oriental Insurance Co. Ltd. & ors........ Respondents. Mr. R.N. Gite adv. for the Applicants Mr. S.R. Singh adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 27th FEBRUARY, 2009. P.C.: 1. The husband of the applicant/respondent no.1, who is father of the applicant nos. 2 to 6 expired in a motor vehicle accident. The present applicants filed a claim petition before MACT and MACT has passed an award in favour of the applicants in the sum of Rs.3,50,000/- with interest at the rate of 7.5% per annum from the date of filing of the petition until realisation of the amount. In compliance of the said award the present appellant has deposited a sum of Rs.3,65,971/- with the Tribunal. 2. By the present application the applicants are seeking permission to withdraw the amount deposited by the Insurance company by contending that there is no source of maintenance 2 for the applicants and thus are badily in need of money. As the applicant nos. 2 to 6 are minor, their interest need to be taken care of. According to the personal law, it is not in dispute that each of the applicant have equal share of being class-I heirs. Thus the applicant no.1 wife has 1/6th share and she could be permitted to withdraw the same. However the rest of the amount need to be invested in a nationalised bank. The applicants could be permitted to withdraw the amount of accrued interest. In the result, I pass the following order. 3. The applicant no.1 is permitted to withdraw a sum of Rs. 65,971/- on furnishing an undertaking before the trial court that in the event if the appellant succeeded in the appeal and the award passed by M ACT is reversed, the applicant no.1 would repay the amount withdrawn by her. The undertaking shall be filed before withdrawal of the amount. 4. The balance amount of Rs. 3 lacs shall be deposited in fixed deposit in a nationalised bank initially for a period of three years in the name of the applicants. The applicants are permitted to withdraw the interest that would accrue on the said amount every six monthly. Application is thus disposed of. (A. P. DESHPANDE, J.)