1 caf919.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.919 OF 2008 IN FIRST APPEAL ST.NO.3683 OF 2008 Mumbai Mahanagar Palika through Bombay Electricity Supply Transport Undertaking ...Applicant vs. Smt.Tabasumbano Salauddin Khan & Ors. ...Respondents Mr.Nitin Gangal i/b Mulla & Mulla & CBC for the applicant Mr.T.J.Mendon for the respondent nos.1, 2 and 3. CORAM :A.S.OKA,J. DATE : SEPTEMBER 8, 2010 P.C. 1 Heard the learned counsel for the parties. Perused the impugned Judgment. The contention of the applicant/appellant is that the deceased himself has contributed to the accident by negligence on his part. It is contended that the multiplier applied is on the higher side and the income taken for calculation of the multiplicand is on the higher side. Considering the aforesaid aspects, the claimants are entitled to withdraw a reasonable amount. 2 Hence, the application is disposed of by passing the following order : i) The 1st respondent is permitted to withdraw a sum of Rs.1,75,000/- without any security. ii)The 5th respondent is entitled to withdraw a sum of Rs.40,000/- without security. iii)A sum of Rs.1,50,000/- each shall be invested in fixed deposits in the name of the 2nd and 3rd 2 caf919.sxw respondents respectively. The 1st respondent will be entitled to withdraw interest accrued on the fixed deposits till the 2nd and 3rd respondents respectively attain majority. After they attain majority, it will be open for them to apply for modification of this order. iv)Rest of the amount shall be invested in fixed deposit till the final disposal of the appeal. v) Civil application is disposed of in above terms. . In view of this order, Civil application no. 4970 of 2009 does not survive and the same is also disposed of. JUDGE