1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.3600 of 2008 In First Appeal No.1415 of 2008 Smt.Mandakini Raosaheb Kadam & ors. Applicants Vs. The Oriental Insurance Co.Ltd. & ors. Respondents Mr.S.K.Shinde i/b. Mr.Sagar Kasar for applicants. Mr.S.S.Vidyarthi i/b. Mr.S.M.Vidyarthi for resp. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. August 27, 2008 P.C. 1. Heard Mr.Shinde, the learned counsel for the applicants who are the original claimants for compensation. We have perused the affidavit filed by Smt. Mandakini Raosaheb Kadam and noted the present income of the family. Both the daughters are now married and son Yatin is of 25 years of age. Smt. Laxmibai, the mother of the deceased is no more. 2. As per the impugned award passed by the Claims Tribunal at Nashik, each of the three children were 2 entitled to an amount of Rs.1,00,000/- and Rs.75,000/- was directed to be paid to Smt.Laxmibai, who is no more. In addition the claimant no.1 was allowed to withdraw an amount of Rs.4,00,000/-. Mr. Vidyarthi, the learned counsel for the Insurer states that an amount of Rs.21,61,622/- (Rupees twenty one lakhs sixty one thousand six hundred and twenty two only) has been deposited with the Claims Tribunal pursuant to the impugned award and this includes the principal as well as the interest at 9 per cent. We have also noted that the deceased Raosaheb was of 45 years of age when he became victim of the fatal accident that had taken place on 30th August 1996 and the Tribunal has fixed the multiplier at 15. The Insurer, therefore, has challenged the award and the claimants also have filed cross-objection. 3. Having regards to all the contentions of the respective parties, we deem it appropriate that the applicants are allowed to withdraw an amount of Rs.7,75,000/- (Rupees seven lakhs seventy five thousand only) from the deposited amount with the Claims Tribunal by the Insurer. We, therefore, direct the Tribunal to pay an amount of Rs.7,75,000/- and invest the remaining amount in fixed deposit with a 3 nationalised bank initially for a period of one year. The amount of Rs.7,75,000/- shall be paid to the claimants as follows by an account payee cheque: (a) Smt.Mandakini Raosaheb Kadam - Rs.4,00,000/- (b) Mr.Yatin Raosaheb Kadam - Rs.1,75,000/- (c) Mrs.Chaitali Ajit Boraste - Rs.1,00,000/- (d) Mrs.Devyani Vinod Patil - Rs.1,00,000/-. 4. The application is allowed accordingly. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)