1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3296 OF 2009 Waman s/o Topaji Chandane, R/o-Khandeshwari, Beed, Tq. & Dist-Beed. ...PETITIONER. VERSUS 1) Zameer Ahmed Maskal Ahmed Pinjari, R/o-Mohanwadiya Colony, Barsi Road, Beed, Tq. and Dist-Beed. 2) Baliram s/o Gapu Rohite, R/o-Aherwadgaon, Tq. & Dist- Beed, 3) The Manager, The New India Assurance Company, Ltd., Beed Yana Building, Jalna Road, Beed, Taluka and District-Beed. ...RESPONDENTS. ... Mr.D.R. Jaybhar Advocate for Petitioner. Mr.S.L. Kulkarni Advocate for Respondent No.3. ... CORAM: K.K. TATED, J. DATE : 16TH SEPTEMBER, 2009. PER COURT : 1. Heard learned counsel for the Petitioner and learned counsel for Respondent No.3. By this Petition 2 under Articles 226 and 227 of the Constitution of India, Petitioner - original claimant is seeking permission to withdraw an amount of Rs. 1,50,000/- deposited in M.A.C. Application No.109 of 2008 for his medical purpose as well as for his survival. The Petitioner filed M.A.C. Application No. 109/2008 before the Motor Accident Claims Tribunal, Beed claiming the compensation under Section 166 of the Motor Vehicles Act. The said Application allowed by the Tribunal holding that the Petitioner is entitled to total compensation of Rs.1,50,000/- with interest at the rate of 9% per annum from the date of the Application. At the time of passing impugned order dated 3rd October, 2008, the Tribunal directed to invest the entire amount in State Bank of Hyderabad (Agriculture Bank), Nagar Road, Beed in the name of the Petitioner and officer of the Tribunal, as the Petitioner is blind person. The Tribunal further directed that the Petitioner is entitled to accrued interest per month on the said fixed deposit. 2. Clause (5) of the operative part of the impugned Judgment dated 3rd October, 2008 reads as under: 3 "(5) Considering the blindness of the claimant I direct that the entire claim amount shall be invested in the State Bank of Hyderabad (Agriculture Bank), Nagar road, Beed in the name of the claimant and officer of this Court. The claimant shall be paid interest accruable thereon per month regularly." 3. It is admitted fact that the Tribunal has not clarified for how much period the said amount to be remained in the fixed deposit. Considering these facts the Petitioner is granted liberty to move appropriate application before the Tribunal for clarification as well as for allowing him to withdraw some amount for his medical purpose. The Tribunal is directed to decide the said application as early as possible considering the age of the Petitioner and his present health condition. 4. Writ Petition is disposed of with these directions. [K.K. TATED, J.] asb/SEPT09/wp3296.09