ash 1 caf-2214.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2214 OF 2011 IN FIRST APPEAL NO.1184 OF 2011 The Oriental Insurance Co. Ltd. .. Applicant Vs Smt. Lataben Mahendra Parmar & Ors. .. Respondent -- Shri Shri A.S. Vidyarthi for the Applicant. Shri M.G. Barve for Respondent Nos.1 to 5. Shri Swapnil Walve h/f Shri Sandesh Deshpande for the Respondent No.8. -- CORAM : A.S. OKA, J DATED : 17TH OCTOBER, 2011 P.C. . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the Respondent Nos.1 to 5. One of the objections raised by the Advocate for the Respondent Nos.1 to 5 is that the leave under Section 170 of the Motor Vehicles Act, 1988 has been granted by passing a non-speaking order and, therefore, the Appeal is not maintainable. The learned counsel appearing for the Respondent Nos.1 to 5 states that the total amount payable by the Applicant as per the impugned award was Rs. 16,33,832/- and there is a short-fall of Rs.1,57,065.13 ps. Therefore, the entire amount has not been deposited. 2. I have considered the submissions. Issue of maintainability of the ash 2 caf-2214.11 Appeal will have to be gone into at the time of final hearing especially when the Application at Exhibit -17 made by the Applicant for grant of leave under Section 170 of the Motor Vehicles Act, 1988 was specifically granted by the Tribunal. 3. The substantial amount has been already deposited by the Applicant. 4. Prima facie, it appears to me that the income of Rs.7,000/- per month taken by the Tribunal for calculating multiplicand is on the higher side. 5. Considering the challenge in the Appeal, the Civil Application is disposed of by passing the following order:- ORDER: (a) There will be interim relief in terms of prayer clause (a); (b) The Tribunal will permit the first Respondent to withdraw a sum of Rs.2,00,000/- without security. A sum of Rs.4,00,000/- be separately invested in a fixed deposit. The Tribunal will permit the first Respondent to withdraw quarterly interest accrued on the said Fixed Deposit. A sum of Rs.2,00,000/- each be invested in the names of the second and third Respondents till they ash 3 caf-2214.11 respectively attain majority. The first Respondent shall be entitled to quarterly interest on the Fixed Deposit amount till the second and third Respondent attain majority. After they attain majority, it will be open for them to apply before this Court for seeking withdrawal of a reasonable amount; (c) A sum of Rs.1,00,000/- each shall be paid to the fourth and fifth Respondents without security; (d) Rest of the amount deposited by the Appellant shall be invested in a fixed deposit; (e) Civil Application No.4443 of 2011 stands disposed of in terms of this order. ( A.S. OKA, J )