(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 12665 of 2009 (In First Appeal No. 1547 of 2008) Sunil s/o. Panditrao Murkute, Age : 30 years, Occupation : Nil, R/o. Gangakhed, .. Applicant Taluka : Gangakhed, (Original District : Parbhani. claimant) versus Maharashtra State Road Transport Corporation, .. Respondent Through its Divisional Office, Beed, (Original District : Beed. respondent) ....................... Mr. S.G. Chapalgaonkar, Advocate, holding for Mr. S.G. Dargad, Advocate, for the applicant. Mr. A.B. Dhongade, Advocate, for the respondent. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 16TH FEBRUARY 2010 (2) COURT'S ORDER : 1. This First Appeal has been filed by the Maharashtra State Road Transport Corporation, challenging the award passed by the Motor Accident Claims Tribunal, Ambajogai, which awarded a compensation in the sum of Rs. 6,95,182/- together with interest at the rate of 6 % per annum from the date of application. This court, while granting stay to the execution of the award, directed the appellant to deposit the amount awarded. In compliance of the order, the MSRTC has deposited a sum of Rs. 7,17,429/-. 2. According to the learned Counsel for the applicant, the applicant was aged 27 years when he met with the accident and has suffered permanent disability. It is further submitted that the applicant / claimant is not in a position even to move as he is suffering from paralysis. The applicant's family i.e. wife and a child are dependent on the applicant. The applicant is only seeking permission to withdraw an amount of Rs. 3,17,429/-. 3. Perused the award passed by the Motor Accident Claims Tribunal. The application deserves to be allowed. 4. The learned Counsel appearing for the applicant (3) submits that as the applicant is not in a position to move, the amount which would be permitted to be withdrawn by the applicant, be remitted to the Motor Accident Claims Tribunal, Ambajogai, and the applicant may be permitted to withdraw the amount from the court at Ambajogai. The learned Counsel appearing for the respondent / appellant has no objection for the same. 5. Hence, the application is allowed. (i) The applicant is permitted to withdraw an amount of Rs. 3,17,429/- from and out of the total amount of Rs. 7,17,429/- deposited by the appellant in this court. (ii) The balance amount shall be invested by the Registrar (Judicial) of this court, in a fixed deposit in State Bank of Hyderabad, High Court Branch, initially for a period of three years, and thereafter to be renewed year to year basis till final disposal of the appeal. (iii) The applicant shall be entitled to receive the interest accrued on the fixed deposit. (iv) The amount of Rs. 3,17,429/-, which has been permitted to be withdrawn by the applicant, be remitted to the Motor (4) Accident Claims Tribunal, Ambajogai, so as to enable the applicant to withdraw the said amount from the court at Ambajogai. (v) In so far as interest on the fixed deposit is concerned, as and when it is accrued, the same shall be remitted to the Motor Accident Claims Tribunal, Ambajogai, so as to enable the applicant to withdraw the said amount from the court at Ambajogai. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca12665