1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAF No.64/2009 in First Appeal No.102/2007 Suresh s/o Deorao Khairnar and another Vs. United India Insurance Co. Ltd. and another. ----------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Coram : A.P. Lavande And Prasanna B. Varale, JJ. Dated : 28th January, 2009. Heard Mr. Deshpande, learned counsel for the appellants and Mr. Kukday, learned counsel for respondent no.1. By this application, the appellants seek to withdraw the amount of Rs. 1,64,624/- along with accrued interest thereon on the ground that they have constructed their own house by taking loan and huge part of salary of the appellant no.1 is to be paid towards installment of housing loan and as such the appellants are suffering financial difficulties. The appellants are parents of the deceased Kunal, who died in the vehicular accident. The appellants have been awarded compensation of Rs.2,73,500/- along with interest thereon @ 7.5% per annum from the date of the application. The Tribunal 2 has further directed the payment of 50% of the compensation to the appellants and the balance 50% has been ordered to be deposited in fixed deposit in any Nationalised Bank in joint names of appellants. This is in consonance with the ratio laid down by the Apex Court in General Manager, Kerala State Road Transport Corporation Trivandrum Vs. Susamma Thomas (Mrs.) And others (1994) 2 SCC 176. In view of the above, we are not inclined to permit the appellants to withdraw the balance 50% at this stage. Hence, application stands disposed of. JUDGE JUDGE Ambulkar.