1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.: 5598 OF 2009 IN FIRST APPEAL NO.: 447 OF 2009 [Kiran & ors. V/s National Insurance Co. Ltd.] 1. Learned counsel for the insurance company points out that N.F.L. amount of Rs.50,000/- was deposited in the trial Court and has been withdrawn by the claimants. He points out affidavit filed on behalf of the insurance company opposing withdrawal of the amount by the claimants. He further submits that the entire money i.e. Rs.10,73,738/- may be invested with the bank and the claimants, at the most, may be permitted to withdraw the interest amount. Counsel for the claimants submits that one of the daughter is of marriageable age. According to him, minors and parents are required to be maintained by the widow i.e. Appellant No.1. He, therefore, seeks withdrawal of the amount as he has claimed in affidavit, filed, supporting the contents of the civil application. 2. We have given anxious consideration to the submissions made by the learned counsel for the parties. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. We have admitted the appeal and directed expeditious hearing of the appeal. In our view, applicant No.1 Kiran, widow of Sunil Toshniwal, may be permitted to withdraw Rs.4,00,000/- [Rupees four Lakhs only] on furnishing her own personal undertaking to the Court. Undertaking to be filed by the Applicant No.1 to this Court. Applicant NO.2 Mr. Govind now has attained majority. In our view, he can be permit5ted to withdraw Rs.25,000/-. Applicant No.3 Kajal is 17 years old. Amount of Rs.25,000/- to be invested with the State Bank of India, Nanded in the name of Applicant No.3 Kajal under the guardianship of her mother Applicant No.1 Kiran. This amount to be invested initially for a period of three years. In the absence of any order from this Court, the said investment shall stand renewed every time for three years. 3. Applicant NO.4 Akash is minor. Rs.25,000/- to be invested with State Bank of India, Nanded in the name of Akash under the guardianship of his mother i.e. Applicant No.1 Kiran. This investment shall be initially for a period of three years and in the absence of any order from this Court the same shall stand renewed for 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. three years every time. 4. We permit Respondent No.1 Kiran to withdraw Rs.4,00,000/-. Remaining amount Rs.4,05,304/- to be invested with the State Bank of India, Nanded initially for a period of three years and in the absence of any further order from this Court the said investment shall stand renewed for three years every time. 5. Since the entire amount is deposited with the learned Motor Accident Claims Tribunal, Nanded we have directed investment to be made with the State Bank of India, Nanded [any convenient branch at Nanded]. 6. Civil application accordingly is partly allowed and disposed of. 7. Liberty in favour of the Applicants to move appropriate application in future in case of urgency. [S. S. SHINDE, J.] [S. B. DESHMUKH, J.] Dated:07/07/2009. ans/5598