:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6037 OF 2008 IN FIRST APPEAL NO. 598 OF 2008 Smt. Naina Rajen Sanghavi ..Applicant Vs. 1. The New India Assurance Co. Ltd. and ors. ..Respondents Mr. T.J. Mendon for applicant. Mr. S.S. Vidyarthi i/by Mr. S.M. Vidyarthi for respondent no.1. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 05, 2009. Date : January 05, 2009. Date : January 05, 2009. P.C.: P.C.: P.C.: 1. Heard Mr. Mendon the learned counsel for the applicant who was Claimant No.1 before the Claims Tribunal. Mr. Vidyarthi the learned counsel for the respondent-Insurance Company states that an amount of Rs. 35,21,226/- has been deposited by it with the Claims Tribunal at Mumbai. The applicant prays for directions to allow her to withdraw the amount deposited. 2. It is not in dispute that the Claim Petition was filed by the applicant along with her two :2: daughters i.e. Mrs. Julie Dhiraj Vitha and Ms. Ami Rajen Sanghavi. Mr. Mendon states that both the daughters presently reside in the United State of America. He also admits that the applicant has been staying at her matrimonial home. 3. On these obtaining circumstances, we direct that an amount of Rs.30,00,000/- (Rupees Thirty Lacs Only) from the deposit made by the Insurance Company with the Claims Tribunal be invested in fixed deposit with a nationalised bank immediately, if the same has not yet been done. The interest amount on such deposit, to be initially made for a period of three years, be allowed to be withdrawn by the applicant. The remaining amount of Rs.5,21,226/- is allowed to be withdrawn by the applicant. 4. Liberty to apply for early hearing of the appeal. 5. Civil Application is disposed off accordingly. :3: (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)