1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION 11063/2009. IN FIST APPEAL NO. 2170/2009. Ujjwala w/o Subhash Deopurkar and another ...Petitioners versus The Divisional Controller, M.S.R.T.C. Dhule and others. ..Respondents. ... Shri R.S. Deshmukh, Advocate for applicants 1 and 2. Shri Afzal Hussain, advocate holding for Shri D.S. Bagul, advocate for respondent nos.1. CORAM : S.B. Deshmukh, J. Shrihari P. Davare, J Date : 20-11-2009 ORAL JUDGMENT :- 1. We heard learned counsel for the applicant / respondent no.1. In this civil application, neither we have issued notices to respondent nos. 2 to 5 nor are we inclined to do so taking into account the nature of the present civil application. It is not in dispute that the applicants had filed motor accident claim petition before learned member, Motor Accident Claims Tribunal, Dhule seeking compensation on account of death of husband of applicant no.1. We have perused the award passed by the Member, Motor Accident Claims Tribunal, Dhule. Learned Advocate of respondent no. 1 opposes this application on the 2 ground that, the insurance company who is respondent in this civil application, has deposited Rs.4,70,000/- in this Court. Award is passed by consent of both the parties. Applicant no. 1 in this civil application, is widow who has to maintain herself and applicant no.2 daughter who was minor at the time of the accident. The present applicant / respondent no. 1 (appellant) has deposited Rs.4,70,000/- in this Court. The appeal filed on behalf of respondent no. 1 is admitted by this Court. Stay also has been granted by this court. We have noticed that, applicant no. 2 Poonam is now 18 years old and taking education. In our view, out of Rs.4,70,000/- applicant no. 1 can be permitted to withdraw Rs.2,35,000/- on her undertaking in usual form to the Registry of this Court and balance amount of Rs.2,35,000/- needs to be invested with State Bank of Hyderabad, High Court extension branch, Aurangabad initially for the period of three years. Taking into account facts and circumstances and very specifically status of applicant no. 2 Poonam who is 18 years old according to the applicants on the date of filing this application, we are also inclined to grant liberty to the applicants to apply for withdrawal of balance amount. 2. Civil application is partly allowed. 3. The applicants are permitted to withdraw Rs.2,35,000/- on undertaking to the applicant no. 1 in usual form to the registry of this Court. Balance amount of Rs.2,35,000/- be invested with State Bank of Hyderabad High Court extension branch, Aurangabad initially for a period of three years. In the absence of further orders from this Court, said amount shall stand be invested for three years every time. 4. Leave is granted in favour of the applicants to seek withdrawal of the balance amount in case of urgency or necessity by filing application. 5. Civil application is accordingly allowed and disposed of. 6. We make it clear that, stay in First Appeal no. 2170/2009 granted by this 3 court earlier only stands in favour of the respondent no.1 M.S.R.T.C. and not in favour of the insurance company. The applicants if chooses to do so, may proceed against insurance company for recovery of the award amount. (SHRIHARI P. DAVARE, J) (S.B. DESHMUKH, J)