1 22 caf.3179.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3179 OF 2009 IN FIRST APPEAL NO. 1155 OF 2009 National Insurance Co. Ltd. ... Applicant Versus Smt. Deepali Mahesh Sawkar and others. ... Respondents ----- Mr. Sanjay Krishna i/b Mr. Harshada Rane for the Applicant. Mr. M.B.Gawade for Respondent Nos.1 to 3. ----- CORAM : A.S.OKA, J. DATE : 10 th June, 2011. P.C. 1 This is an application filed by the Appellant for stay of the execution and operation of the impugned judgment and award. The challenge in the appeal is both on the ground of quantum and negligence. Even assuming that there was some negligence on the part of the deceased, the claimants will have to be permitted to withdraw a reasonable amount. 2 Hence, civil application is disposed of by the passing the following order: i. Ad-interim stay granted earlier will continue to operate till the disposal of the appeal. 2 22 caf.3179.09 ii. The Tribunal will permit the Respondent No. 1/claimant No.1 to withdraw a sum of Rs.1,00,000/- without security and a further amount of Rs. 1,00,000/- on furnishing adequate security for the said amount to the satisfaction of the Tribunal. iii. A sum of Rs.3,00,000/- shall be separately invested in fixed deposit in any nationalized bank. The Respondent No.1/claimant No.1 will be entitled to withdraw quarterly interest accrued on the said fixed deposited amount only till the Respondent No.2/claimant No.2 attains majority. After attaining the majority, the Respondent No.2/claimant No.2 will be entitled to apply to this Court for withdrawal of a reasonable amount. iv. The Respondent No.3/claimant No.3 will be entitled to withdraw a sum of Rs.75,000/- without security. v. Rest of the amount shall be invested in fixed deposit in any nationalize bank till the disposal of the appeal. vi. In view of this order, Civil Application No.213 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]