(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 8354 of 2009 (In First Appeal Stamp No. 6608 of 2008) 1. Meenakshi w/o. Deepakchandra Raut, Age : 35 years, Occupation : Household, R/o. Jalna, at present Beed. 2. Ajay s/o. Deepakchandra Raut, Age : 12 years, Occupation : Education. 3. Akshaya s/o. Deepakchandra Raut, Age : 6 years, Occupation : Education, Applicant nos.2 and 3 minor, .. Applicants U/g. of their real mother, (Original Applicant no.1. claimants) versus 1. The National Insurance Company Ltd., Through its Divisional Manager, Hazari Chambers, Station Road, Aurangabad. 2. Mohammad Abdul Shafa Gani Shabir, Age : Major, Occupation : Business, R/o. Pangra, Taluka : Paithan, District : Aurangabad. (2) 3. Bandu s/o. Rangnath Borade, Age : Major, Occupation : Driver, R/o. Yerda, Taluka : Gangapur, District : Aurangabad. 4. Prakashchandra s/o. Ambadasrao Raut, Age : 60 years, Occupation : Retired, R/o. Jalna, Taluka & Dist. Jalna. 5. Pushpabai w/o. Prakashchandra Raut, Age : 53 years, Occupation : Household, R/o. As above. .. Non-applicants. .......................... Mr. V.P. Latange, Advocate, for the applicants. Mr. S.P. Chapalgaonkar, Advocate, for non-applicant no.1. Mr. V.P. Golewar, Advocate, for non-applicant nos.4 and 5. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 11TH SEPTEMBER 2009. (3) COURT'S ORDER : 1. This is an application on behalf of the original claimants i.e. wife and the children of the deceased, seeking permission to withdraw the amount which is deposited by the non-applicant, Insurance Company, in this court, to the extent of applicants as per the judgment and award passed by the Motor Accident Claims Tribunal, Jalna, in M.A.C.P. No. 46/2006. 2. Mr. V.P. Latange, learned Counsel appearing for the applicants, submits that since the children are taking education, the amount which is deposited in this court, be permitted to be withdrawn for the purpose of their education. 3. Having regard to the totality of facts and circumstances, we are inclined to allow the application partly. 4. Hence, the application is partly allowed. (i) The amount coming to the share of Claimant No.1 Meenakshi is permitted to be withdrawn on furnishing an undertaking, in this court, to the effect that in the event, at the stage of final hearing of the appeal, amount withdrawn by the applicant is found in excess to which she is entitled, she would refund the same. (ii) In so far as amount coming to the share of Claimant Nos.2 and 3, the amount shall be deposited in a fixed deposit receipt in State Bank of Hyderabad, High Court Branch, initially for a period of five years and thereafter to be renewed from time to time till disposal of the appeal. (4) However, it is made clear that the amount accruing towards interest of the said fixed deposit receipt would be permitted to be withdrawn by the Claimant No.1, so as to meet the expenses of the Claimant Nos.2 and 3. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca8354