FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.8203 OF 2009 IN FIRST APPEAL (ST.) NO.243 OF 2003 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Patnoorkar, learned Counsel for the applicants and Shri Kulkarni, learned Counsel for respondent No.1. Though respondent no.2 is served, nobody appears for him. 2 This application is for withdrawal of amount of Rs.89575/- deposited in this Court by the 1st respondent. The applicants have filed claim petition initially under Section 166 of the Motor Vehicles Act, 1988 (for short, "Act"), which was converted into the petition under Section 163-A of the Act. The petition was filed for claiming compensation on account of death of Savita on 3rd October, 1998. At the time of accident, she was 6 years old. The applicants claimed compensation of Rs.1,50,000/- from the owner of the vehicle involved in the accident and the respondent no.1 Insurance Company. After considering the material on record, the tribunal awarded compensation of Rs.1,62,000/- inclusive of amount of Rs. 50,000/- towards no fault liability. The tribunal directed the owner and the Insurance Company to pay Rs.1,12,000/- to the claimants together with interest @ 9% per annum from the date of petition till full payment of the amount. 3 It is not in dispute that pursuant to the impugned judgment and award, the Insurance Company deposited Rs.1,39,000/- in this Court. Out of that, the applicants have withdrawn Rs.50,000/- and the balance Rs. 89,000/- were invested in fixed deposit. Considering the controversy raised in the appeal, in my opinion, the following order would meet the ends of justice: "Out of Rs.89,000/- invested in fixed deposit, the applicants are permitted to withdraw Rs.39,000/- along with interest accrued on furnishing solvent security to the satisfaction of the Registrar of this Court. Balance amount of Rs.50,000/- shall be invested in fixed deposit in nationalized Bank initially for one year and the same shall be renewed during pendency of this appeal. Civil Application is disposed of in the aforesaid terms with no order as to costs. (R.G. KETKAR, J.) 09.12.2009. PLK/*