1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2875 OF 2009 IN FIRST APPEAL NO. 823 OF 2009 Shabbir Gafur Sayyad & anr. ... Applicants v/s Bazaz Alliance General Insurance Co. Ltd. & ors. ... Respondents Mr.V.B.Tapkir for the applicants. Mr.D.R.Mahadik i/by S.R.Singh & Co. for Resp. No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH JULY, 2009 P.C.: 1. The civil application has been filed by the applicant-claimants before the Motor Accident Claims Tribunal, who are respondent Nos.1 and 2 in the present appeal. The applicants are parents of the deceased who met with a fatal accident. 2. The applicants in the civil application have stated that they have incurred huge liabilities 2 after the death of their son. According to them, the amount deposited would be paid over to them till the appeal is finally heard. 3. In my opinion, considering the facts and circumstances of the case, it would be appropriate to direct the Tribunal to pay over 50% of the amount deposited to the applicants on furnishing surety and an undertaking to bring back the amount to the Court, in case they fail in the appeal. 4. The applicants may withdraw the remaining 50% amount on furnishing a bank guarantee within 12 weeks from today. 5. In the event the bank guarantee is not furnished within the time stipulated above, the remaining amount shall be invested in a nationalized bank initially for a period of three years, to be renewed thereafter. 6. Civil application disposed of accordingly. ..... 3