1 44 caf.849.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATIN NO. 849 OF 2011 IN FIRST APEAL NO. 453 OF 2011 The Oriental Insurance Company Ltd. ... Applicant Versus Surekha Balu Dange and others. ... Respondents ----- Mrs. Anita A. Agarwal for the Applicant. Mr. J.S.Kapre for Respondent Nos.1 to 5. ----- CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. 1 This is an application for stay. The challenge to the impugned award is mainly on two grounds. The first ground is that the negligence against the driver of the offending vehicle insured with the Applicant is not established and the second ground is that the compensation granted is excessive. The contention is that the widow continues to receive the income from the business of the deceased. 2 As far as negligence is concerned, prima-facie, it appears 2 44 caf.849.11 to me that the Applicant had not adduced evidence by examining the driver of the alleged offending vehicle. Considering the findings recored, a reasonable amount deserves to be permitted to be withdrawn by the Claimants. 3 Hence, the applications is disposed of by passing the following order: i. There will be stay of the execution and operation of the impugned judgment and award till the final disposal of the appeal ; ii. The Tribunal shall permit the Claimant No.1 to withdraw a sum of Rs.3,00,000/- without security ; iii. A sum of Rs.4,00,000/- shall be separately invested in the fixed deposit with any nationalized bank till the final disposal of the appeal ; iv. The Claimant No.1 shall be entitled to withdraw quarterly interest accrued on the said fixed deposit ; 3 44 caf.849.11 v. A sum of Rs.50,000/- each shall be permitted to be withdrawn by Claimant Nos.2 and 3 without security ; vi. A sum of Rs.3,00,000/- shall be separately invested in the fixed deposit for taking care of the Claimant No.4, who is a minor. vii. The Claimant No.1 shall be entitled to withdraw quarterly interest accrued on the said amount of Rs.3,00,000/- till the minor attains majority. After the Claimant No.4 attains majority, it will be open for him to apply to this Court for seeking permission to withdraw the amount ; viii. The Claimant No.5 shall be permitted to withdraw a sum of Rs.1,00,000/- without security ; ix. A sum of Rs.2,00,000/- shall be separately invested in fixed deposit with any nationalized bank and Claimant No.5 shall be permitted to withdraw the quarterly interest accrued on the said amount; 4 44 caf.849.11 x. To enable the Respondent No.1 to meet marriage expenses of Claimant No.3, as and when the marriage of Claimant No.3 is settled, it will be open for Claimant No.1 to apply for withdrawal of further amount ; xi. The balance amount shall be invested in the fixed deposit with any nationalized bank till the disposal of he Appeal and withdrawal of the interest thereon shall not be permitted without prior permission of this Court ;and xii. In view of this order, the Civil Application No. 4039 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]