1 caf3902 Ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3902 OF 2011 IN FIRST APPEAL NO.826 OF 2011 Kumar Varad Sanjay @ Santosh Khot and another ...Applicants vs. Reliance General Insurance Co.Ltd. And another ...Respondents Mr.A.K.Shinde i/b Mr.A.M.Kulkarni for the applicants Mr.Rahul Mehta for the respondent no.1 CORAM : A.S.OKA,J. DATE : SEPTEMBER 23, 2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for the first respondent. The applicants are the claimants in whose favour the impugned Award has been passed. The first applicant is the minor and the second applicant is his father who is husband of the deceased. The learned counsel for the applicants seeks permission to withdraw a substantial amount. Under the impugned Award, 75% of the amount of compensation has been ordered to be kept in fixed deposit in the name of the first applicant and the second applicant has been permitted to withdraw the interest on the said amount. Balance 25% of the amount is ordered to be paid to the first applicant in cash and the second applicant has been directed to give an undertaking as stated therein. 2 caf3902 2 There is a challenge to the impugned Award both on the ground of quantum and negligence as well as on the ground of breach of terms and conditions of the policy of insurance. At present the age of the first applicant is 4 years. As of today, the withdrawal of the compensation cannot be permitted. In future, if substantial amount is required for higher education of the first applicant, a fresh application can be always made in that behalf. After attaining the majority, the first applicant can always apply for withdrawal of the reasonable amount. 3 However, the second applicant deserves to be permitted to withdraw interest on a part of the amount. 4 Hence, I pass the following order : i) Out of the compensation amount deposited by the first respondent, a sum of Rs.10,00,000/- shall be separately invested in fixed deposit with any nationalised bank. The second applicant shall be entitled to withdraw the quarterly interest accrued thereon. ii) Rest of the amount shall be invested in fixed deposit till further orders. For the time being, interest on the said amount shall not be permitted to be withdrawn. iii)Liberty is reserved to make a fresh application as indicated in earlier part of this order. iv)Civil Application is disposed of on above terms. JUDGE