1 caf4543.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4543 OF 2009 IN FIRST APPEAL NO.1508 OF 2009 Devidas Vitthal Gaikwad & Ors. ...Applicants vs. Smt.Nirmala Rajesh Bhutale & Ors. ...Respondents Mr.Haribhau Deshinge i/b Mr.Nitin Jamdar for the applicants Mr.R.S.Alange for respondent no.1 CORAM :A.S.OKA,J. DATE : AUGUST 31, 2010 P.C. 1 Heard Advocate for the applicant and the Advocate for the respondent nos.1 to 4. The applicants will have to deposit entire compensation amount including the interest accrued thereon as a condition for grant of stay. 2 In paragraph 9 of the impugned Judgment, there is a concession recorded that the accident in question took place due to fault of the driver of the bus owned by the Solapur Municipal Corporation. In view of the observation, though the compensation awarded appears to be on the higher side, withdrawal of substantial amount by the claimant will have to be permitted. 3 Hence, the application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (b) subject to the condition of the applicants depositing entire compensation amount 2 caf4543.sxw payable as of today inclusive of interest with the concerned tribunal within a period of 8 weeks from today. If the entire amount is not deposited within stipulated period, the stay will stand vacated without further reference to the Court. ii)The tribunal will permit the 1st respondent to withdraw a sum of Rs.1,00,000/- without security. The tribunal will permit the 4th respondent to withdraw a sum of Rs.40,000/- without security. The withdrawal will be naturally subject to final result of the Appeal. iii)The rest of the amount shall be invested in fixed deposit with any nationalised bank till further orders. The 1st respondent will be entitled to withdraw 50% of the interest accrued on fixed deposit till both the 2nd and 3rd respondents attain majority. After the said respondents attain majority, they will be entitled to apply for modification of this order. iv)Application is disposed of in above terms. JUDGE