1 CA No.1067/10 & 3697/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3697 of 2010 IN FIRST APPEAL NO.998 of 2010 (i) Smt.Pushpaben K. Patel (ii)Shri Priyan Kirtibhai Pael (iii)Kum.Nidhi K. Patel (iv)Smt.Sharadaben V. Patel ... Applicants versus (i) The United Insurance Co.Ltd. (ii)Mr.Babu K. Kore ... Respondents Mr.A.B.Tajane for the applicants Mr.K.W. Vitonde for the respondents WITH CIVIL APPLICATION NO.1067 of 2010 IN FIRST APPEAL NO.998 of 2010 The United Insurance Co.Ltd. ... Applicant versus (i) Smt.Pushpaben K. Patel (ii)Master Priyan K. Patel (iii)Kumari Nidhi K. Patel (iv)Smt.Shardaben V. Patel ... Respondents 2 CA No.1067/10 & 3697/10 ... Mr.K.W. Vitonde for the applicant Mr.A.B.Tajane for the respondents CORAM : D.G. KARNIK, J DATED : 14th February 2011 P.C. 1. These civil applications arise out of an appeal filed against an order passed by Motor Accident Claims Tribunal awarding a compensation of Rs.13,73,144/- to the respondents in the appeal who are the heirs of the deceased. Civil Application no.1067 of 2010 has been made by the appellant insurance company for stay of execution of the award. The applicant has deposited the entire amount of the award in this court. Civil Application No.3697 of 2010 is made by the original claimants (respondents in the appeal) for withdrawal of the appeal. 2. Considering the fact that the Tribunal has held that the deceased was guilty for contributory negligence, in my view, it would be appropriate to permit the respondents in the appeal to withdraw Rs. 7,00,000/- (50% of the principal amount) at this stage. Hence, I pass the following order: 3. In view of the fact that the appellant insurance company has deposited the entire amount of compensation, the execution of the award is stayed. The respondents in the appeal (applicants in Civil Application No.3697/10) are however permitted to withdraw in all a sum of Rs.7,00,000/- (ie..Rs.3,00,000/- by respondent no.1, Rs. 3 CA No.1067/10 & 3697/10 2,00,000/- by respondent no.2 and Rs.2,00,000/- by respondent no.3) subject to their filing a personal bond for repayment in the event so ordered by the court. The balance amount may be invested in a nationalised bank of the choice of the applicant if such choice is indicated within 7 days hereof or else in any nationalised bank offering good rate of interest initially for a period upto 37 months to be renewed from time to time for a period not exceeding 37 months till the disposal of the appeal. The interest on the said amount invested shall be paid to the respondents for their maintenance during the pendency of the appeal. 4. Civil Applications are disposed of accordingly. (D.G.KARNIK, J)