IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2640 OF 2009 IN FIRST APPEAL NO.70 OF 2009 Sangita Mor and Ors. .....Applicants V/s. The New India Assurance Co. Ltd. & Anr. ..... Respondents Smt.S.V.Sonawane, for the applicants. Mr.R.Tripathi i/by Mr.S.M.Vidhyarthi, for the respondents. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : AUGUST 04, 2009 P.C. 1. This is an application for withdrawal of compensation amount deposited by the respondent herein, in Motor Accident Claims Tribunal at Mumbai. The applicants are the original claimants. The applicant No.1 is a widow of deceased, where as applicant Nos.2 & 3 are the parents of deceased, who died in a vehicular accident in the year 1991. By the impugned order, the Tribunal has awarded Rs.7,01,510/-. The Insurance Company has accordingly deposited Rs.10,42,053/- with the Tribunal. 2. The learned counsel for the applicants submitted that the applicants have no other source of income as they have lost the sole bread winner. It is also submitted by the learned counsel for the applicants that since the Award is in their favour, they may be allowed to withdraw the amount unconditionally. 3. On the other hand, the learned counsel for the respondent submitted that the Award passed by the Tribunal is on higher side and therefore, the applicant may be directed to furnish bank guarantee. 4. Considering the facts and circumstances of the case, the applicants may not be able to furnish bank guarantee as they have no source of income. It is not in dispute that the claimants have filed cross appeal for enhancement of compensation amount. In our view, it would be just and proper to allow the applicants to withdraw part of the amount unconditionally. Out of the total amount deposited with the Tribunal, an amount of Rs.5,00,000/- shall initially be invested in a fixed deposit for three years from today. Such investment should be made in the name of the Registrar of Tribunal. No withdrawal is permitted on the said investment. Out of the remaining amount, the applicant Nos.2 & 3 shall be unconditionally permitted to withdraw an amount of Rs.1,00,000/- each and the balance amount to be paid to applicant No.1 without furnishing any security. 5. Civil application accordingly stands disposed of. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)