1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.601/2010 IN FIRST APPEAL NO.1448/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.GR Ingole, Adv. for applicant; Mr.MV Ghadage, Adv. h/for Mr. BN Gadegaonkar, Adv. for Respondent No.1; Mr.SL Kulkarni, Advocate for Resp.Nos. 3 and 5. ___ CORAM : K.U.CHANDIWAL, J. DATE : 15th January, 2010. ... 1) Heard the counsel for the original claimant. 2) The applicant is widow of deceased while Ganpati Awale and Nagarabai Awale are the parents of the deceased. The amount is deposited by The United India Insurance Co.Ltd. ans also the National Insurance Co.Ltd. before the learned Member of Motor Accident Claims Tribunal, Nanded in MACP No.517/2004. The amount of Rs.3,00,000/- is deposited in the name of applicant – Kalpana w/o Udhav Awale in the Nationalized Bank as 2 per the directions of the learned Member in MACP No.517/2004. 3) A request for disbursement of the same is made by the claimant/applicant. This has been objected by Mr. Gadegaonkar, learned Counsel appearing for the appellant, canvassing that the apportionment carried by the learned Member itself is subject of challenge by the appellants in FA No.1448/2009 and, therefore, according to Mr. Gadegaonkar, the amount, as sought, need not be paid to the widow – Kalpana. 4) Mr.Kulkarni for the Insurance company has left the issue to the discretion of the Court. 5) Considering the difficulties faced by the claimant – Kalpana for want of financial assistance, though she has received Rs.50,000/- under the category of NFL, still the requirement, as indicated in the application itself, needs to be adhered to and consequently, instead of directing to pay Rs. 3 3,00,000/-, an amount of Rs.1,00,000/- (Rupees one lakh) and Rs.25,000/- (Rupees twenty five thousand) from the interest accrued, be paid to the claimant – Kalpana wd/o of Udhav Awale, from the Fixed Deposit amount lying with learned Chairman, MACT, Nanded in MACP No. 517/2004. 6) It is clarified, payment of Rs.25,000/- shall necessarily be from the interest accrued owing to the deposit of Rs. 3,00,000/- in the Bank. 7) Civil Application disposed of as above. (K.U.CHANDIWAL) JUDGE bdv/ca601.10