1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6271 OF 2008 IN FIRST APPEAL NO.624 of 2009 Maharashtra State Road Transport Corporation .....Applicant V/s. Chetana Chandrakant Vaze and Ors. ..... Respondents WITH CIVIL APPLICATION NO.3168 OF 2009 IN FIRST APPEAL NO.624 OF 2009 Chetana Chandrakant Vaze and Ors. .... Applicant V/s. Maharashtra State Road Transport Corporation .... Respondent. Mr.C.M.Lokesh i/by Shri G.S.Hegde & Associates, for the applicant in C.A.No.6271 of 2008 and for the respondent in C.A.No.3168 of 2009. Mr.Shirshak R. Chavanke, for respondent No.1 to 4 in C.A.No.6271 of 2008 and for the applicant in C.A.No.3168 of 2009. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : AUGUST 06, 2009 P.C. 1. Heard the learned counsel for the respective parties. 2. Civil application No.6271 of 2008 is filed by the appellant- Corporation for stay of the impugned judgment and award and the Civil 2 application No.3168 of 2009 is filed by the original claimants for withdrawal of the decretal amount deposited by the appellant in the trial court. The learned counsel for the Corporation made a statement that the decretal amount of Rs.18,11035/- is already deposited in the trial court. 3. By the impugned award, an amount of Rs.10,00,000/- is directed to be invested in the name of respondent Nos.2 and 3, who are minor children of the deceased and the remaining amount is directed to be paid to the respondent No.1, widow of the deceased and the respondent No.4, mother of the deceased. 4. The learned counsel for the claimant submitted that the deceased was serving as a teacher in a High School and after his demise, respondent No.1 is doing a job of peon. It is further submitted that respondent No.1 is getting a meager salary, which is not sufficient to survive. 5. The learned counsel for the Corporation submitted that the entire amount may not be allowed to be withdrawn by the respondents. However, he has no objection for withdrawal of the part of the decretal amount by the claimant, provided they should give security to the satisfaction of the Court. 4. Taking the over all view of the matter, we dispose of both the Civil Applications by passing following order. 3 : O R D E R : (a) Civil application No.6271 of 2008 is made absolute in terms of prayer clause (a). (b) The Trial Court is directed to invest an amount of Rs. 5,00,000/- each in the name of respondent Nos.2 and 3 in a Nationalized Bank initially for a period of three years. (c) Out of the balance amount, 50% amount shall again be invested in a Nationalized Bank in the name of respondent No.1 and 4 initially for a period of three years. (d) Out of the balance amount which comes to Rs.4,11,035/-, an amount of Rs.3,00,000/- shall be paid to respondent No.1 and the remaining amount shall be paid to the respondent No.4. (e) Considering the fact that the substantial amount is directed to be invested in a Nationalized Bank, the respondent No.1 and 4 shall be at liberty to withdraw the amount, as stated above without giving any security. The learned counsel for the Corporation makes a statement that at the time of filing of this First Appeal No.624 of 2009, an amount of Rs.25,000/- is deposited under the provisions of Section 173 of the Motor Vehicle Act. The Registry is directed to remit the said amount to the Trial Court and the trial Court shall invest the said amount in a Nationalized 4 Bank in the name of respondent No.1 and 4 for a period of three years. Both the Civil applications are disposed of in the above terms. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)