- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1856 OF 2009 in FIRST APPEAL NO.827 OF 2008 New India Assurance Co.Ltd .. Applicant vs 1. Smt Pratibha Sudhir Pore & ors .. Respondents Mr.I.G.Kulkarni for Applicant Mr.Dilip Bodake for Respondents CORAM: P.B.MAJMUDAR & R.V.MORE, JJ DATED: August 5, 2009 P.C. 1. Heard learned counsel for the respective parties. 2. It is not in dispute that four claim petitions were tried by the tribunal and this appeal is preferred by the applicant-Insurance company in connection with one case. In one of the claim petitions, Rs.50,000/-was awarded but, the Insurance company has not filed any appeal. Out of four claim petitions, the Insurance company has preferred only one appeal on the ground that the quantum of amount in this appeal is on the larger side. The learned counsel for the applicant submitted that the claimants may be permitted to withdraw the amount by giving security. Learned counsel for the respondents on the other hand, submitted that the claimants are aged parents and widow of the deceased, and - 2 - it is not possible to give any security. 3. Considering the facts and circumstances of the case and considering the fact that the Insurance company has not filed any appeal challenging the award of the tribunal in other three claim petitions, we direct that out of the total amount so deposited by the applicant- Insurance company, 50 % of the amount be invested in fixed deposit of any nationalised bank initially for a period of five years so that the claimants may get periodical interest thereon without furnishing any security. Out of the remaining amount, except Rs. 9,00,000/- rest of the amount to be invested in fixed deposit of any nationalised bank initially for a period of five years. Out of the remaining amount,i.e Rs. 9,00,000/- the claimants i.e. the widow and the parents are entitled to withdraw the amount i.e. Rs.3,00,000/- each without furnishing any security. 4. The learned counsel for the applicant however, vehemently sub mitte4d that the claimants should furnish security for withdrawal of the amount as per this order. However, since considerable amount is ordered to be invested in fixed deposit and since the claimants are not in a position to furnish security as well as considering the fact that it is not even the case of the learned counsel for the applicant that the claimants are not - 3 - entitled to any amount, in our view, it would be just and proper to allow withdrawal of Rs.3,00,000/- each by the widow and the parents without furnishing any security. Rest of the amount be invested as stated above. The tribunal is accordingly directed to comply with above directions of this Court immediately so that the amount may not remain without investment for a long time. Hearing of the appeal is expedited. Civil Application is disposed of accordingly. R.V.More, J P.B.Majmudar, J - 4 -