1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1602 OF 2008 IN FIRST APPEAL NO.239 OF 2005 Zarkhandsingh Jangbahadur Singh .... Applicants & Ors. Vs. The New India Assurance Co. Ltd. .... Respondents & Ors. Mr. Rohan Darandale, Advocate for applicants. Mr. S.M. Vidyarthi, Advocate for respondent No. 1. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 5th December, 2008 P.C. 1. The applicants who are respondents no. 1 to 3 to the appeal have taken out this Civil Application for liberty to withdraw the amount of compensation deposited by respondent no. 1-Company in the court. The applicants no. 1 and 2 are the parents of the deceased and applicant no. 3 is the brother. By the impugned judgment and order, the claim of applicant No.3 to receive compensation has been rejected. Therefore the application by applicant No.3 is mis-conceived and cannot be granted. 2. Pursuant to the impugned order, respondent No. 1 has deposited in the trial Court a sum of Rs.1,73,336/- 2 being the entire decretal amount. It consists of compensation of Rs.90,996/- together with interest thereon at the rate of Rs.6 per cent per annum and Rs.45,498/- awarded by way of penalty under Section 4(A) (3) of Workmen's Compensation Act. Respondent No. 1 contends that the order directing the payment of penalty is not supported by law and hence not sustainable, therefore there cannot be disbursement of this amount. As regards the balance amount of compensation and interest thereon, in my opinion, applicants no. 1 and 2 can be permitted to withdraw of Rs.80,000/- without security considering their age. As regards the balance amount, Mr. Vidyarthi, learned Counsel for respondent No. 1 submits that the same be directed to be invested in the fixed deposit. Hence, the order. O R D E R 1) Applicants No. 1 and 2 are at liberty to withdraw a sum of Rs.80,000/- without security. The trial Court is directed to invest the balance amount in a fixed deposit in any nationalised bank initially for a period of five years and thereafter renew the fixed deposit from time to time until disposal of the appeal. (SMT. R.P. SONDURBALDOTA,J)