* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4892 OF 2008 (FOR WITHDRAWAL OF THE AMOUNT) IN FIRST APPEAL NO. 170 OF 2009 Mrs. Zulekha Yasin Khan & Ors. ......Applicants V/s. Maharashtra State Road Transport Corporation ......Respondent ========= Mr.Vinod Jadhav, adv.for applicants. Mr.C.M.Lokesh h/f. G.S.Hegde & Associates, adv. For respondent. Coram: Smt.R.P.SondurBaldota, J. Dated: 28 th April, 2009. P.C. :- 1. Heard counsels for both sides. 2. This application is filed for withdrawal of the amount of compensation deposited by the applicants in the court. The applicants are the original claimants. They had filed Motor Accident Claim Petition No.414 of 2005 seeking compensation on account of death of Yasin Khan in a motor accident. The trial court considered the petition, the defence thereto, the evidence led by * 2 * the parties and allowed the petition by awarding compensation of Rs.7,22,721/- with interest at the rate of 6 % p.a. from the date of the petition. The respondent has deposited a sum of Rs.7,76,345/- in the court as decreetal amount. Under the decree, applicant no.1 is entitled to 40 % of the amount, applicants no.2 to 4 are entitled to 10 % of the amount and applicant no.5 is entitled to 30 % of the amount. Applicant no.5 being a minor, the amount falling to his share will have to be invested in a fixed-deposit until such time as he attains majority. The challenge to the decree awarding compensation is on two grounds, firstly that there is contributory negligence on the part of the second vehicle involved in the accident and the other is correctness of the quantum of compensation. These contentions have been appropriately dealt with by the trial court as can be seen from the order. In any case, the deceased was a passenger in the bus. Therefore, he would be entitled to the entire compensation awarded to him. Considering the fact that the respondent has challenged the quantum of the compensation also, the applicants can be allowed to withdraw part of the amount without giving security. 3. Hence, the Civil Application is partly allowed. The appellants are at liberty to withdraw Rs.5,00,000/- ( Rs.Five Lakhs only) from the amount deposited in the court. The disbursement of the amount would be made in the same manner as in the decree. The amount falling to the share of applicant * 3 * no.5 be invested by the trial court in fixed-deposit until such time as he attains majority, or until further orders. The amount of Rs.25,000/ (Rs.Twenty Five Thousand only) deposited by the respondent at the time of filing of this appeal, be transferred to the trial court. In the event, the respondent succeeds in the appeal, the applicants shall re-deposit the amount in the trial court. [SMT.R.P.SONDURBALDOTA, J)