Mpt CAF No.2079/09 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2079 of 2009 IN FIRST APPEAL NO.161 of 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Ms.Bhakti Barve i/b Arati Barve for the applicant. Mr.A.R. Kapadnis for respondent no.6. CORAM : D.G. KARNIK, J DATE : 2nd February 2011 P.C. : 1. This is an application for stay of execution of an award passed by Motor Accidents Claims Tribunal. Rs.3,97,944/- has been deposited in the trial court. In the facts and circumstances of the case, I pass the following order: 2. The execution of an award passed by the trial court is stayed. The respondent no.1 is however permitted to withdraw the sum of Rs.1,00,000/- and respondent nos.4 and 5 are permitted to withdraw the sum of Rs.50,000/- jointly. This amount is inclusive of the amounts which may have been withdrawn by them already and only remaining part, if any, shall be allowed to be withdrawn by them. The balance amount be invested in a nationalized bank of the choice of the applicant if such choice is indicated to the Tribunal within one week failing which in any nationalized bank which offers good rate of interest, initially for a period upto 3 years to be renewed from time to time till the disposal of the appeal. 2/3rd of the interest earned be paid to the respondent no.1 for the maintenance of herself and two minor children and 1/3rd amount of interest be paid to the respondent nos.4 and 5 together for their maintenance. Civil application is dismissed. 3. Since this order is passed before service on respondent nos. 1 to 5, they shall be entitled to apply for modification of this order if they feel aggrieved. (D.G. KARNIK, J.)