IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.5945 OF 2007. APPLICATION NO.5945 OF 2007. APPLICATION NO.5945 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.2400 OF 2007. APPEAL NO.2400 OF 2007. APPEAL NO.2400 OF 2007. The New India Assurance Co Ltd ...Applicant Versus Chandrabhaga Baban Taware & Anr. ...Respondents Ms Maya Sadhwani for the Applicant. Shri S.D.Patil for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 09th January, 2008. : 09th January, 2008. : 09th January, 2008. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the parties. The advocate for applicants pointed out that the original claimants have already withdrawn a sum of Rs.1,50,000/- and by ad-interim order dated 23rd November, 2007 this Court has permitted the first respondent to withdraw a further amount of Rs.50,000/-. 2. The learned advocate for the applicants has produced for my perusal a copy of the order passed by the Tribunal granting leave under section 170 of the Motor Vehicles Act, 1988. 3. Prima facie, the multiplicand and multiplier taken by the Tribunal is on the higher side. The original claimants have already withdrawn a sum of ... 2 ... Rs.1,50,000/- and in addition to that a sum of Rs.50,000/- has been permitted to be withdrawn. Considering the facts of the case, rest of the amount deposited by the applicants deserves to be invested in fixed deposit. 4. Hence, Civil Application is disposed of by passing following order: (i) In addition to the sum of Rs.1,50,000/- already withdrawn by the claimants, the Tribunal will permit the first respondent to withdraw an amount of Rs.50,000/- without security. (ii) The balance amount deposited by the applicants shall be invested in fixed deposit in any nationalised bank. The fixed deposit shall be renewed from time to time till the final disposal of the appeal. (iii) An order regarding disbursement of the amount invested and interest accrued thereon will be passed at the time of final hearing of the appeal. (iv) There will be no orders as to costs. ... 3 ... JUDGE JUDGE JUDGE