ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 3855 OF 2007 APPLICATION NO. 3855 OF 2007 APPLICATION NO. 3855 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2452 OF APPEAL NO.2452 OF APPEAL NO.2452 OF 2006 2006 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.G.Ketkar for the applicants. Mr. S.M.Vidyarthi for the respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 22nd August, 2007 : 22nd August, 2007 : 22nd August, 2007 P.C. P.C. P.C. 1. Considering the facts and circumstances of the case, the death of husband of applicant No.1 is inestimable. The entitlement of compensation as claimed just cannot be denied. However, there is an appeal preferred by the New Insurance Company only (Opponent No.1) and not by others, like driver and owners. I am of the view that, the applicant is entitled to ( 2 ) withdraw the amount to the extent of Rs.175,000/- i.e. 1/3rd of the total amount granted (Approx). The applicant, is therefore, allowed to withdraw Rs.75,000/- without security and balance amount of Rs.1,00,000/- on furnishing the security to the satisfaction of the trial Court. 2. The balance amount which is lying in the trial court, need to be invested in any Nationalized Bank initially for three years and renew the same from time to time till the final disposal. 3. The Civil Application is disposed of accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]