1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3962 OF 2008 IN FIRST APPEAL NO.2157 OF 2007 Smt.Namrata Naresh Kalamkar & Ors. .. Applicants V/s. The New India Assurance Co.& Anr. ..Respondents Miss Alpa Javeri with Ms.Teja Katdare for the Appellant./Applicants. Mr.S.M.Vidyarthi for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 4TH, 2008. P.C. By the above application, the Applicants/Appellants pray for withdrawal of the 2 amount of Rs.6,25,171/- which has been deposited by the original Appellants/Applicants in this Court pursuant to the order dated 12th October, 2007. It has been deposited by the original Appellants/Applicants in the Trial Court on 23rd November, 2007. 2. The Appellants/Applicants are the original claimants in Motor Accident Claims Petition No.144 of 1998. In the said petition, the order came to be passed wherein the Claimants were entitled to get an amount of Rs.1,25,000/-,jointly and severely from the Respondent Nos.1 and 2 alongwith interest @ Rs.7% p.a. From the date of registration i.e. From 6th April, 1998 till its final realization. The decretal amount thus calculated came to be Rs.6,25,171/- on the date when this Court passed the order in the Civil Application for stay filed by the original Appellants/Applicants. In paragraph 5 of the operative part of the order of 3 the Tribunal, the entitlement of the original Claimants 1 to 4, and Claimants 5 and 6 is mentioned. The original Claimant Nos. 1 to 4 have been awarded Rs.75,000/- each with interest, if any. And the Original claimants 5 and 6 have have been awarded Rs.50,000/- each alongwith interest, if any. As mentioned above, the said Judgment and order of the Tribunal is the subject matter of the above First Appeal. The Claimants are the wife of the deceased and parents of the deceased and the children of the deceased who are school going. 3. In my view, therefore, the interest of justice would be served if out of the decretal amount of Rs.6,25,171/- deposited by the original Appellants/Applicants, an amount of Rs.3,00,000/- is allowed to be withdrawn without any security and thereafter the balance of the amount is directed to be invested in a fixed deposit of a Nationalized Bank initially for a period of three years and 4 thereafter to be renewed for such period as the Registrar of the Tribunal deems it appropriate till disposal of the Appeal. The original Appellant has deposited an amount of Rs.25,000/- in this Court under section 173 of the Motor Vehical Act, 1985. The said amount also to be transferred to the Trial Court forthwith and to be merged with the balance of the amount which would remain after withdrawal of Rs.3,00,000/- by the Appellants/Applicants herein. The said amount of Rs.25,000/- would also form part of the amount which is directed to be deposited in a Nationalized Bank. 4. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.] 5