1 IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 576 OF 2008. IN MISC. CIVIL APPLIATION NO.845 OF 2007 IN STAMP NO. MAIN NO.2733 OF 2007. 1. Mrs.Maria Laura Xavier 2. Ms. Rachel Natasha Xavier 3. Mr.Manuel Roy Xavier 4. Ms. Lara Hazel Xavier 5. Ms.Isabel Nichola Xavier 6. Ms. Sonia Xavier 7. Mr. Rui Xavier All residents of House No.89, Rua De Saudades, Margao, Salcete, Goa. .. Applicants.. Versus 1. National Insurance Co. Ltd., Subraya Chambers, 1st Floor, Francisco Luis Gomes Road, Vasco-da-Gama, Goa 2. Virupa Xappa Jawali s/o Sha Mbanna Jawali owner of the truck bearing No.CNR-6174, Resident of Karalagi TQ Gangavath N.K. 3. Mr. Basapa Hanuman Tappa, 2 s/o Yediari, driver of the truck bearing No.CNR-6174, resident of Gadag, Vokalgiri, Karnataka. .. Respondents Mr. J. A. Lobo, Advocate for the applicants. Mr. E. Afonso, Advocate for the respondent No.1. Coram :- A. P. LAVANDE,J. Date of reserving the Order :-17 th Dece mber, 2008 Date of pronouncing the Order :-18 th December, 2008. ORDER : 1. Heard Mr. J. A. Lobo, learned Counsel for the applicants and Mr. Afonso, learned Counsel for the respondent No.1. 2. By this application, the applicants seek withdrawal of amount of Rs.23,28,349/- along with interest accrued thereon. The applicants have sought payment in the proportion, awarded by the Claims Tribunal. According to Mr. Lobo, the applicant Nos. 2 to 7 have attained majority. 3. The applicants are claimants in Claim Petition No.59/2002 filed before the Motor Accident Claims Tribunal, South Goa, Margao 3 against the respondents herein. The Claims Tribunal by the judgment and award dated 02.12.2006 awarded Rs.16,51,000/- to the claimants and interest thereon @ Rs.7.5 % per annum from the date of application till the date of the award. The Tribunal directed 50 % of the compensation less Rs.5,000/- be paid to claimant No.1 being the widow and balance 50 %, be apportioned equally between the claimant Nos. 2 to 7 being the children of the deceased. The Tribunal further directed that the amount due towards the share of the minor claimants, to be invested in fixed deposit in any nationalised bank till they attain the age of majority. 4. Mr. Afonso, learned Counsel for the respondent No.1 – Insurance Company, has given no objection for withdrawal of the amount. 5. Considering the facts and circumstances of the case, I deem it appropriate to pass the following order : i) The amount of Rs.23,28,349/- along with accrued interest, if any, shall be transferred to Motor Accident Claims Tribunal, South Goa,Margao expeditiously. ii) The Presiding Officer of the Tribunal, upon application for withdrawal filed by the applicants / claimants herein, shall pass 4 an appropriate order in terms of the award and guidelines laid down by the Apex Court in the case of General Manager, Kerala State Road Transport Corporation Versus Susamma Thomas and others reported in (1994) 2 SCC 176. The application stands disposed of in the aforesaid terms. A. P. LAVANDE, J. SMA