1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION C.A. NO.1347 OF 2008 IN FIRST APPEAL NO.533 OF 2008 ---------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- M.B.Kotak for the applicants. Mr.H.G.Ghatekar for the respondent. CORAM : ANOOP V. MOHTA,J. DATED : 01.04.2008 P.C. The present appeal is arising out of the Award passed by the Motor Accidents Claims Tribunal in favour of the petitioners/claimants who are legal representatives of the deceased who died on the spot on the date of accident itself. Petitioner No.1 is widow and petitioner nos. 2 to 9 are children. They have no source of income. They were fully dependent on the income of the deceased. It is difficult to compensate the death of father. However, at this stage of the 2 proceedings, I am of the view that undisputed amount to the extent of Rs.1,25,000/- need to be released in favour of the petitioners from the amount which has been deposited in the trial court by the appellant. Therefore taking into considefration the averments made and in view of the above, civil application is allowed to the extent that the petitioners are entitled to withdraw the amount of Rs.1,25,000/- with accrued interest. The amount to be paid in the joint name of the mother and the sons. Liberty is also granted to the petitioners to apply, if case is made out, for releasing additional amount. Civil application is disposed of accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]