1 caf3603-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3603 OF 2010 IN FIRST APPEAL NO.1408 OF 2010 Pooja Shravan Singh, Minor through Guardian Premsheela Singh Shravan Singh ..Applicant. Versus Tushar Dilip Raje & Another ..Respondents. Mr.R.S. Chahal for the applicant. None for the respondents. CORAM : B.H. Marlapalle, & U.D. Salvi, JJ. DATE : 6th October 2010. P.C. : Heard Mr.Chahal, the learned counsel for the applicant. 2. By this application, the applicant’s guardian and mother prays for the entire award amount to be released. 3. In Motor Accident Claims Petition No.303 of 2008, the Claims 2 caf3603-10 Tribunal at Thane passed an Award on 17th April 2010 and directed to pay compensation at Rs.9,18,300/- with interest at 7.5% per annum from the date of the petition till its realization. On realization of the amount, a sum of Rs.75,000/- was allowed to be withdrawn by the mother by way of an accounts payee cheque and the balance amount has been directed to be invested in a nationalized bank as fixed deposit for a period of five years, so that the money required for the treatment of the applicant is available to the mother. 4. As per Mr.Chahal, the Insurance Company (respondent No.2) has deposited an amount of Rs.10,52,000/- with the Claims Tribunal. He prays that atleast 50% of this amount should be allowed to be withdrawn. We are not inclined to consider the same. 5. If an amount of Rs.10,52,000/- has been deposited, the mother has been allowed to withdraw Rs.75,000/- by the Tribunal and on such withdrawal what remains with the Tribunal would be Rs.9,77,000/-. 6. Having regard to the peculiar circumstances of this case, we direct that an amount of Rs.9,00,000/- be invested in fixed deposit by the Claims Tribunal with any nationalized bank for a period of five years and the interest amount accrued every quarter will be allowed to be withdrawn by the applicant’s mother, in tune with the Tribunal’s order. The balance amount 3 caf3603-10 i.e. an amount of Rs.75,000/- + Rs.77,000/- will be allowed to be withdrawn by the applicant, so as to meet the part medical expenses and to provide for the medical expenses till the interest on the fixed deposit is payable to the mother. 7. The civil application is disposed off accordingly. (U.D. Salvi, J.) (B.H. Marlapalle, J.)