-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3102 OF 2008 CIVIL APPLICATION NO. 3102 OF 2008 CIVIL APPLICATION NO. 3102 OF 2008 IN IN IN FIRST APPEAL (ST.) NO. 23745 OF 2007 FIRST APPEAL (ST.) NO. 23745 OF 2007 FIRST APPEAL (ST.) NO. 23745 OF 2007 1. Smt.Jayshree Pratap Sable & Ors. .. Applicants. V/s. 1. The United Insurance Co.Ltd.& Ors. .. Respondents. --- Mr.Balasaheb Deshmukh for the Applicants. Smt. U.K.Sanil for the Respondents. --- CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. P.C.: P.C.: P.C.: 1. By this civil application, the applicants who are the claimants in motor accident claim petition No. 91 of 2000 are seeking withdrawal of the decretal amount deposited by the respondent no.1 herein (original appellant) in the trial court i.e. Motor Accidents Claims Tribunal, Pune. 2. The applicant no. 1 is the wife of the deceased. The applicant nos. 2 and 3 are two sons of the deceased aged about 18 and 13 years respectively. The withdrawal of the amount is sought by the applicant no.1 widow, on -: 2 :- the ground that the money is required for the education of her sons, the applicant nos.2 and 3, as the present applicant no.1 is a house wife and has no source of income. The trial court i.e. MACT, Pune has allowed the said claim petition by holding that the respondent nos. 2 to 3 in the petition are jointly and severally liable to pay to the appellants compensation of Rs. 4,85,500/- with interest at the rate of 7.50% per annum. OUt of which Rs.50,000/- was already deposited on account of no fault liability. The trial court has further directed that the amount of Rs. One lakh shall be deposited in the nationalized bank in the name of each of the applicants, initially for the period of six month and that the above applicant no.1 would be entitled to withdraw the interest on the fixed deposit kept in the name of the applicants. 3. As mentioned hereinabove, the application has been filed in the first appeal filed by the respondent no.1, on the ground that the money is required for the education of the children. In my opinion, considering the facts of the present case as also considering the fact that the applicant no.1 has no source of income the withdrawal of the interest would not suffice. In my view it would be just and proper to allow the withdrawal of amount of Rs. 2,40,000/- on the applicants furnishing -: 3 :- security to the satisfaction of the MACT, Pune. Insofar as the balance that remains after withdrawal of the said amount of Rs.2,40,000/-, the same be invested in any nationalized bank by dividing the said balance amount into three parts and allowing the applicant no.1 to withdraw the interest on the said deposits. The said amount tobe invested initially for a period of three years and thereafter to be renewed for such period as the Registrar of the MACT, Pune deem fit and proper. The directions contained in para 4 of the impugned order dated 22nd June, 2007 to stand substituted in terms of the direction issued in this order. 4. Civil application is accordingly disposed of. ( R.M.SAVANT, J.) .....