1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.3004 OF 2009 IN CIVIL APPLICATION NO.1868 OF 2009 IN FIRST APPEAL ST. NO.4614 OF 2009 Sau. Nanda Ravindra Sharma ...Applicant. v. The Secretary, Maharashtra State Road Transport Corporation ...Respondents. Mr.Venkatesh A. Shastry, adv. For the Applicant. Mr.C.M.Lokesh i/by Shri G.S.Hegde, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 29th July , 2009 P.C.: 1 The applicant seeks modification of the order dated 18th May, 2009 passed by this Court on the ground that it is not possible for the applicant to furnish a security. 2 Applicant met with a motor accident involving bus of the appellant MSRTC and one tempo and she suffered serious injuries on head. In the Claim Petition filed by her, Motor Accident Claims Tribunal directed MSRTC to pay compensation of Rs.6 lakh inclusive of no fault liability. Balance amount of Rs.5,75,000/- was to be paid with interest 2 from the date of petition. The Tribunal directed that amount of Rs.4 lac be invested with some nationalised bank for ten years in the name of the petitioner and the amount of Rs.40,000/- be paid to Krishna Hospital and Medical Research Centre, Karad. Balance amount was allowed to be withdrawn by the petitioner through her next friend, i.e. her husband. Compensation amount has been deposited in the appeal. The only contention of MSRTC/appellant is that the appellant alone was not responsible but there was also contributory negligence by the tempo driver. Even if this plea is presumed to be correct at this stage, liability of the appellant may not be less than 50%. In any case, therefore, there should be no harm in paying balance amount to the appellant after investment of Rs.4 lakh and payment of Rs.40,000/- to the hospital. Taking into consideration the circumstances, no security is required. Order dated 8th May, 2009 stands modified as follows: i Balance amount of Rs.1,35,000/- after payment to the hospital and deposit of Rs.4 lakh in the nationalised bank, with accrued interest is allowed to be withdrawn by the applicant through her husband without any security. Application stands disposed off. 3 CIVIL APPLICATION NO.1868 OF 2009 As order for withdrawal is made in Civil Application No. 3004/09, this application does not survive and stands disposed off. (J.H. BHATIA,J.)