1 CAF : 1699/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1699 OF 2011 IN FIRST APPEAL NO.284 OF 2011 Smt. Mangala Rajendra Pawar & ....Applicants & Ors. (Ori. Resp.1 to 3) Vs. National Insurance Co. & Anr..... Respondents (No.1- Ori.appellant) (Nos.2 to 4-Ori. Resp. 2 to 4) Mr. Ganbavle, Advocate for applicants. Mr. Nikhil Mehta i/by M/s KMC Legal Venture for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 29 th April, 2011 P.C. 1. This application is filed by original claimants for permission to withdraw part of the amount of compensation of Rs.11,79,488/- deposited by respondent no.1- appellant in the Tribunal. By the judgment and award dated 13 th October 2010, the Tribunal awarded compensation of Rs.10,95,000/- inclusive of Rs.50,000/- towards no fault liability with interest @7.5% per annum from the date of the 2 CAF : 1699/2011 petition, till realisation. Applicants no. 2 and 3, the minor children of the deceased are awarded compensation of Rs.2,50,000/- each with a direction that the amount be deposited in the fixed deposit in their respective names until such time, as they attain majority. Respondents no.3 and 4, the parents of deceased are awarded Rs.1,00,000/- each. The balance of Rs.3,95,000/- was to be taken by applicant no.1,the widow. Both the Advocates state that the Tribunal has invested amounts of Rs.2,50,000/- each in names of applicants no. 2 and 3. 2. Undisputedly the challenge in the present appeal to the impugned judgment and award is limited to the quantum of compensation awarded to the applicants and respondents no.3 and 4. Considering the fact that the applicant no.1 is the widow and applicants no. 2 and 3 are minor children, there can be no doubt that the applicants are in need of finances for the education of applicants no.2 and 3 and also for the day-today expenses. Therefore part of the amounts deposited can be allowed to be withdrawn. Hence, the application is allowed. Applicant no.1 is permitted to withdraw a sum of Rs. 2,95,000/-, out of the amount deposited without furnishing security. She is also permitted to withdraw the interest on the amount deposited in the names of applicants no. 2 and 3, so far accrued and the interest falling due quarterly in future. This amount however is to be used by applicant no.1 exclusively for the benefit of applicants no. 2 and 3. The Tribunal is directed to invest the 3 CAF : 1699/2011 entire balance amount in a fixed deposit with a Nationalised bank for a reasonable period. Parties to act on authenticated copy of this order. (SMT.R.P. SONDURBALDOTA,J)