1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4900 OF 2009 IN FIRST APPEAL NO.438 OF 2009 Manasi Milind Ranade & Ors. )..Applicants Vs. New India Assurance Co. Ltd., )..Respondents ­­­­ Mr. M.G.Barve for the applicants. Smt. U.K.Sanil for the respondent no.1. ­­­­ Coram : R.S.MOHITE,J Date : 24th February, 2010 PC 1 Heard both sides. By my order dated 15.1.2010, I have indicated that I was not inclined to grant prayer clauses­(a) and (b) of the Civil Application. The matter was kept for consideration of prayer clause­(c). One of the contentions raised on behalf of the appellant/insurance company was that the widow has received compensation under E.S.I. Reliance was placed upon a statement in the cross­examination of the claimant widow to this effect. I find that there is also evidence of the officer of the employer/company in which the said officer has stated that no compensation under ESI Act was paid to the widow and that the application for receiving such a compensation was rejected. Now an additional affidavit has been filed enclosing an order dated 30.5.1997 passed by the ESI rejecting the claim for compensation under the ESI Act. Taking into account all these facts and also taking into account the fact that the claimant widow has 2 minor children, in my 2 view, the ends of justice would be met if the applicant no.1, for the benefit of herself and applicant nos.2 & 3 is allowed to withdraw 50% of the amount deposited without any security subject to the condition that she files an undertaking that she will return the amount in case she is directed to do so by this Court. The trial Court will invest the balance 50% of the amount in a fixed deposit of a nationalised bank initially for a period of 5 years and the same deposit will be renewed on a yearly basis until further orders of this Court. Civil Application disposed off accordingly. Hearing of the appeal is expedited. Record and proceedings be urgently called for. Liberty to the parties to apply for fixing a date of hearing after receipt of record & proceedings. (R.S.MOHITE,J) 3