: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4298 OF 2009 IN FIRST APPEAL NO.194 OF 2010 D. Sam Selvaraj & Anr. .. Applicants V/s. National Insurance Co. Ltd. & Ors. .. Respondents Mr. A.B. Tajane for the Applicants. Mr. N.G. Ghotekar for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 22 ND APRIL, 2010. P.C.: 1. The present Civil Application has been preferred by the applicants, i.e. the respondents in the First Appeal, for permission to withdraw the amount deposited by the respondent No.1, i.e. the appellant-Insurance Company, with the Motor Accident Claims Tribunal, Pune. 2. This Civil Application is opposed on behalf of the appellant-Insurance Company by contending that the income of the deceased, as accepted by the Motor Accident Claims Tribunal, Pune, is incorrect. : 2 : It is pointed out that besides this, the deceased was unemployed and therefore the compensation ought to have been calculated by considering the notional income of Rs.15,000/- a year. It is submitted that by taking that figure and the multiplier of ‘18’, as accepted by the Supreme Court in the case of Smt. Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr., reported in 2009 (2) TAC 677 (S.C.), the compensation would at best be Rs. 1,35,000/-. 3. In my opinion, after hearing the learned Advocates for the parties, the applicants, i.e. the claimants before the Motor Accident Claims Tribunal, Pune, can be permitted to withdraw Rs.1,35,800/- from the amount which has already been deposited by the respondent No.1-Insurance Company. 4. Accordingly, the Civil Application is allowed on the following terms : : 3 : (i). The Motor Accident Claims Tribunal, Pune, shall disburse an amount of Rs.1,35,800/-, without security to the claimants i.e. the applicants herein, from the amount deposited by the respondent No.1-Insurance Company with the Motor Accident Claims Tribunal, Pune, immediately. (ii). The balance amount shall be invested in a Nationalized Bank initially for a period of three years, to be renewed thereafter, pending the final hearing of the present First Appeal.