1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1649 OF 2008 IN FIRST APPEAL NO.35093 OF 2003 Shri Vasantrao Tukaram Shinde .... Applicants & Ors. Vs. The New India Assurance Co. Ltd. .... Respondents & Ors. Mr. V.Y. Jadhav for Applicants Mr. Santosh K. Mishra i/by Sanghvi & Co. Advocate for respondent no. 1. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 19th November, 2008 P.C. 1. This Civil Application is for relaxation of condition for withdrawal of the compensation amount directed by the order dated 10th December,2004. The applicants are the parents of the deceased. Learned Tribunal has directed payment of compensation of Rs.60,000/- to the applicant No.1, the father and Rs.1,00,000/- to applicant No. 2, the mother. By the order dated 10th December,2004, the applicants have been directed to furnish adequate security for the entire amount to be withdrawn. 2. The learned Counsel for the applicants submits that the applicant No. 1 is an elderly person who was an 2 agriculturist. Applicant No.2 is his wife. Both are unable to furnish security for the entire amount of compensation. He requests that the condition for withdrawal be modified and applicants be permitted to give security for 50 per cent of amount and liberty to withdraw 50 per cent without any security. Looking to the age of both the applicants and their position in life, in my opinion, the condition of withdrawal is required to be modified. The Civil Application is allowed. The applicants are at liberty to withdraw the amount of Rs.1,60,000/- being their share in the compensation in the proportion awarded by the learned Tribunal on condition that they furnish security for 50 per cent of the amount to the satisfaction of the Tribunal. The applicants are at liberty to withdraw the balance 50 per cent amount without the security. (SMT. R.P. SONDURBALDOTA,J)