1 caf1235-08 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1235 OF 2008 IN FIRST APPEAL NO. 1489 OF 2011 The Deputy Engineer, Public Works Dept., Roha & Anr. .. Applicants V/s. Mrs. Manisha Jayanta Mehta & Ors. .. Respondents ..... Mr. A. R. Patil, AGP for the applicants. Mr. T. J. Mendon for respondent Nos.1 to 3. ..... CORAM : A.S.OKA, J. DATE : AUGUST 9, 2011. P.C.: Heard the learned AGP appearing for the applicants and the learned counsel appearing for the respondent Nos.1 to 3. The deceased was travelling by a jeep. The Tempo owned by the applicants gave a dash to the jeep. The finding of the Tribunal is that driver of the jeep was responsible to the extent of 2/3rd and the liability of the driver of the truck was 1/3rd. It is pointed out that in a companion claim petition, it has been held that driver of the jeep was solely responsible for the accident. 2. A sum of Rs.9,07,000/- has been deposited by the 2 caf1235-08 appellants. A part of the said amount can be allowed to be withdrawn by the claimants. Hence, I pass the following order: :: O R D E R :: i. The first respondent is permitted to withdraw a sum of Rs.1,00,000/- without security. An amount of Rs.1,00,000/- shall be invested in the Fixed Deposit till further orders. The first respondent will be entitled to withdraw the quarterly interest on the Fixed Deposit. ii. The second respondent who has now attained majority will be permitted to withdraw a sum of Rs. 50,000/-. The amount of Rs.1,50,000/- shall be invested in the Fixed Deposit till further orders. The first respondent is entitled to withdraw quarterly interest on the said Fixed Deposit. iii. As and when the third respondent attains majority, it will be open for the third respondent to apply for seeking withdrawal of a reasonable amount. (A.S.OKA, J.)