vss 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 WRIT PETITION NO.7809 OF 2008 WRIT PETITION NO.7809 OF 2008 WRIT PETITION NO.7809 OF 2008 Sulochana Balkrishna Tupe & Ors. ... Petitioners V/s. Sanjay Laxman Jadhav & Anr. ... Respondents Mr.Rohan Darandale i/b P.J. Das for Petitioners CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: DECEMBER 18, 2008 DECEMBER 18, 2008 DECEMBER 18, 2008 P.C.: P.C.: P.C.: . The petitioners have filed the present petition to challenge the order passed by the Member, Motor Accident Claims Tribunal, Thane on 27.8.2008. By this order, the application filed by the petitioners to withdraw the amounts which have been invested in the name of Respondent Nos.2, 3 and 4 was disallowed by the Tribunal on the ground that the applicants did not require the compensation for the reasons stated in the application. 2. Admittedly, when the application was made, the petitioner Nos.2, 3 and 4 were no longer minors. Therefore, the question of retaining the amount which has been awarded to them in a fixed deposit with a nationalised bank does not arise. The Tribunal had no authority in law to retain this amount once the : 2 : applicants became majors. Therefore, the refusal of the application on the ground that the reason mentioned in the application did not survive as the sale of the property was completed, is incomprehensible. The Tribunal ought to have directed that the amounts should be released once the petitioner Nos.2, 3 and 4 became majors. 3. The petition is therefore allowed. The Tribunal is directed to permit the petitioner Nos.2, 3 and 4 to withdraw the amount invested in the State Bank of India vide FDR Nos.0483923, 0483924 and 0483925. 4. Writ Petition is disposed of accordingly.