1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1751 OF 2008 ALONG WITH CIVIL APPLICATION NO. 4613 OF 2008 AND CIVIL APPLCATION NO. 3437 OF 2009 The Administrator, Administraton of D & NH, Silvassa & ors. ... Appellants v/s Nirmalaben wd/o Mahesh Patel; & ors. ... Respondents Mr.Shrishailya S. Deshmukh for the appellants. Mr.Santosh Kyadigoppi for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 19TH APRIL, 2010 P.C.: 1. The appeal has been preferred against the judgment and order of the Civil Judge, Dadra and Nagar Haveli, Silvassa in Special Civil Suit No.31 of 2005. The plaintiffs are the widow, children and parents of the deceased Mahesh Patel. He died on 8.2.2005 while working on an electrical pole. The plaintiffs have filed the present suit for 2 damages and the Civil Court has granted compensation of Rs. 3,32,055/- plus 50% penalty amounting to Rs.1,66,027/- and interest at the rate of 12% p.a. 2. The learned advocate for the appellants, on instructions, submits that the appellants are willing to pay the amount awarded except for the penalty. 3. Undisputedly, the amount has been deposited in the Trial Court on 4.10.2008. 4. Plaintiff No.1 who is present in Court has been authorized by plaintiff Nos.4 and 5 to settle the dispute on their behalf as well. She is the mother of plaintiff Nos.2 and 3 who are minors. 5. On instructions from the plaintiff No.1 who is present in Court, the learned advocate appearing for her accepts the offer made by the appellants. 6. Accordingly, the first appeal is allowed. 7. The decree passed by the Trial Court shall be modified to the following extent :- 3 (i) The plaintiffs are entitled to compensation of Rs. 3,32,055/- together with interest at the rate of 12% p.a. from the date of the suit i.e. 23.6.2005 till the amount was deposited by the appellants in the Court. The total amount, therefore, which the plaintiffs would be entitled to from the appellats/defendants is Rs.4,59,237/-. (ii) The Trial Court shall disburse this amount to the plaintiffs. The balance amount shall be disbursed to the appellants. (iii) Decree be drawn up accordingly. 8. In view of disposal of the first appeal, the civil applications do not survive and stand dismissed accordingly. ..... 4