FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 11 CIVIL APPLICATION NO. 10140 OF 2011 IN FIRST APPEAL NO. 843 OF 2011 WITH CIVIL APPLICATION NO. 10151 OF 2011 IN FIRST APPEAL NO. 586 OF 2011 WITH CIVIL APPLICATION NO. 10153 OF 2011 IN FIRST APPEAL NO. 844 OF 2011 RANDHAWANI SUKHDEV SHINGARE (KALKATE) AND ANR VERSUS MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AURANGABAD AND ANR ... Advocate for applicant(s) : Mr. P.V. Barde Advocate for Respondent(s) :Mr. M. K. Goyanka ... CORAM : MRIDULA BHATKAR, J. Dated: September 16, 2011 ... 1 Three separate applications are made by the original claimant in three different appeals. 2 Appellant / M.S.R.T.C. has filed appeals against the award dated 25-1-2011 passed by the Member, MACT, Aurangabad. By said order, awards of different amount was passed. Appellant M.S.R.T.C. has deposited Rs.24,51,640/- with amount of Rs. 25,000/- as statutory amount in First Appeal no. 586/2011, amount of Rs. 2,64,279/- with Rs. 25,000/- as statutory amount in First Appeal no. 843/2011 and amount of Rs. 59,986/- with Rs. 25,000/- as statutory amount in First Appeal no. 844/2011. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 3 Learned counsel for the applicant / original claimant submits that out of the amount deposited by M.S.R.T.C., trial court has directed to deposit amount of Rs. 18,00,000/- in First Appeal no. 586/2011, Rs. 1,50,000/- in First Appeal no. 843/2011 and Rs. 59,986/- i.e. the entire amount in First Appeal no. 844/2011 as fixed deposit. He prays that this amount be kept in fixed deposit in State Bank of India, Garkheda Branch, Aurangabad, in the name of the Registrar, High Court, Aurangabad. The prayer is allowed and the Registrar, High Court, Aurangabad is directed to keep this amount in the fixed deposit at State Bank of India, Grakheda Branch, Aurangabad. 4 Learned counsel for the applicant further submits that applicant no. 1 has to look after her daughter who is injured in this accident. He submits that she needs financial aid and therefore, she be allowed to withdraw interest accrued on the fixed deposit. Learned counsel for the appellant / M.S.R.T.C. opposes initially, however, fairly concedes that the applicant may be allowed to withdraw 50% of the amount of interest accrued on fixed deposit. Applicant no. 1 is thus allowed to withdraw 50% of the amount of interest accrued on fixed deposits, quarterly. Remaining 50% amount of interest be invested in fixed deposit and the fixed deposit receipt be renewed every year. 5 Learned counsel for the applicant has prayed that the amount deposited by FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ M.S.R.T.C. pursuant to the award which is not invested in fixed deposit be allowed to be withdrawn. As per the details furnished by learned counsel for the applicant, applicant is allowed to withdraw amount of Rs. 6,51,640/- alongwith interest from First Appeal no. 586/2011 and amount of Rs. 1,14,279/- alongwith interest from First Appeal no. 843/2011, on furnishing usual undertaking to the Registrar of this court. ( MRIDULA BHATKAR, J. ) dyb