1 CA 5103/01 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5103 OF 2001 IN FIRST APPEAL NO. 1267 OF 2001 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.S. Dhanandale i/b Mr. R.S. Datar for the applicant. Mr. C.M. Lokesh for respondent nos.2 and 3. CORAM : D.G. KARNIK, J. DATE : 5TH JANUARY 2011 P.C. : 1. Heard. 2. This is an application for stay of execution of a decree. The appellant has deposited the entire amount inclusive of interest in pursuance of an award passed by the Motor Accidents Tribunal. The respondent no.2 is the mother of the deceased while respondent no.3 is the younger brother of the deceased. 2 CA 5103/01 The respondent no.3 is 32 years of age and therefore is not in immediate need of money. However, the respondent no.2 being a widowed mother of the deceased would need the money for her sustenance. In the circumstances, partial stay for execution of the decree can be granted. Hence, I pass the following order. (i) There shall be stay for execution of the decree to the extent of 50% of the money deposited in the Tribunal. The respondent no. 2 is permitted to withdraw 50% of the money deposited by furnishing personal bond. The remaining 50% of the money shall be invested by the Tribunal in a fixed deposit of a nationalised bank initially for a period of 13 months to 37 months whichever attracts best interest and shall be renewed from time to time for similar terms till the disposal of the appeal. (ii) The civil application is disposed of. (D.G. KARNIK, J.)