1 caf890 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.890 OF 2011 IN FIRST APPEAL NO.1932 OF 2010 United India Insurance Co. Ltd. ...Applicant vs. Smt.Minakshee Pramod Shelake & Ors. ...Respondents Mr.Sachin Kankal i/b Mr.K.N.Kandekar for the applicant Mr.Jayant Baardeskar for the respondent no. 1 to 3 CORAM : A.S.OKA,J. DATE : SEPTEMBER 14, 2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3 who are the original claimants. As a condition for grant of stay, the applicant will have to deposit entire compensation amount. The claimants are the widow of the deceased and the parents of the deceased. There is some controversy as regards finding on the issue of negligence. Other controversy will be regarding dependency as apart from the widow, only dependants are the parents. However, substantial amount will have to be permitted to withdraw by the claimants. 2 Hence, I pass the following order : i) There will be interim relief in terms of prayer clause (a) subject to condition of the applicant depositing entire compensation amount with the 2 caf890 Tribunal within a period of 12 weeks from today. If the amount is not deposited within stipulated time, stay will stand vacated without further reference to the Court. ii)As and when the amount is deposited, the Tribunal will permit the first claimant (widow) to withdraw a sum of Rs.7,00,000/-. The Tribunal shall separately invest a sum of Rs.15,00,000/- in any nationalised bank. Quarterly interest accrued on the said fixed deposit shall be paid over to the first claimant (widow). iii)The Tribunal shall permit the 2 nd and 3 rd claimants (parents of the deceased) to withdraw a sum of Rs.2,00,000/- each. A total sum of Rs. 12,00,000/- shall be separately invested in fixed deposit with any nationalised bank. The 2 nd and 3 rd claimants shall be entilted to withdraw quarterly interest accrued on the fixed deposit. iv)Rest of the amount deposited by the applicant shall be invested in fixed deposit with any nationalised bank till the final disposal of the appeal and the withdrawal of interest on the said fixed deposit shall not be permitted. v) Civil application is disposed of on above terms with no order as to costs. JUDGE