JUDGMENT : 1. By an order dated 15th June, 2010, the respondents herein were put on notice that the appeal would be disposed of at the admission stage in view of the fact that the only issue in the above appeal was as regards the apportionment of the compensation amongst the claimants. It is in terms of the said order dated 15th June, 2010 that the above appeal has been taken up for final hearing. 2. It is required to be noted that the appellants have filed Civil Application No.1273 of 2010 for seeking stay to the disbursement of the amount in terms of clause 4(iii) of the impugned award and to modify sub-clause (ii) of clause 4 of the operative part of the award to the extent that amount granted to the respondents no.3 and 4 under fixed deposit should be released to them under account payee cheque. 3. The above First Appeal challenges the judgment and award passed by the Motor Accident Claims Tribunal, Nagpur dated 12th of February, 2010. The challenge is restricted to the apportionment of the compensation amongst the claimants, who are the wife, minor children and the aged parents of the deceased one Dinesh Waman Patil. Considering the said challenge raised in the above appeal, it would be appropriate to reproduce the operative part of the judgment and award dated 12th of February, 2010 which is accordingly reproduced herein below. ORDER 1. The petition is partly allowed with proportionate costs. 2. Respondents No.1 and 2 shall jointly and severally pay an amount of Rs.7,35,000/-(Seven lacs thirty five thousand) including No Fault Liability Compensation along with interest @ 7.5% p.a. from the date of petition till realization of the amount to the petitioners and respondents No.3 and 4. 3. Since the respondents have already deposited an amount of Rs.50,000/- towards No Fault Liability Compensation, therefore no, they shall pay an amount of Rs.6,85,000/-(Six lacs eighty five thousand) along with interest to the petitioners and respondents No.3 and 4. 4. On depositing the above amount, it be paid to the petitioners as follows – i) An amount of Rs.1,20,000/- each be invested in separate fixed deposits account in the name of minor petitioners No.2,3 and 4 under the guardianship of petitioner No.1 in any nationalized bank till attaining their majority. 4. On depositing the above amount, it be paid to the petitioners as follows – i) An amount of Rs.1,20,000/- each be invested in separate fixed deposits account in the name of minor petitioners No.2,3 and 4 under the guardianship of petitioner No.1 in any nationalized bank till attaining their majority. ii) An amount of Rs.50,000/- each be invested in separate fixed deposits account in the name of petitioner No.1 and respondents No.3 and 4 in any nationalized bank for the period of 5 years. iii) Remaining amount along with interest be equally paid to petitioner No.1 and respondents No.3 and 4 by separate crossed account payee cheque on due identification and verification. 5. Award be drawn accordingly. 4. In terms of the order passed by the Motor Accident Claims Tribunal, I am informed that the Insurance Company has deposited an amount of Rs.9,98,000/- in the Trial Court which is the decretal amount in terms of clause 3 of the said order. The petitioner no.1 before the Tribunal is the wife whereas the petitioner Nos.2, 3 and 4 are the minor children. The said children are of the ages of 8 years, 10 years and 11 years respectively. The parents of the deceased, who were respondent nos.3 and 4, are aged more than 70 and 60 years respectively. In so far as the minor children are concerned, the Tribunal in terms of clause 4(i) has directed an amount of Rs.1,20,000/-to be invested in separate fixed deposits in a natioinalized bank till such time as the said petitioners no. 2, 3 and 4 attain majority. 5. In terms of clause 4(ii), an amount of Rs.50,000/-each was directed to be invested in separate fixed deposits account in the name of the petitioner no.1, wife and respondents no.3 and 4 i.e. parents. Hence, said deposits would total to an amount of Rs.1,50,000/-. The Motor Accident Claims Tribunal in terms of clause 4(iii) has directed that the remaining amount along with interest be equally paid to the petitioner no.1 and respondents no.3 and 4 by separate crossed account payee cheques on due identification and verification. It is the contention of the learned counsel for the appellants that if the disbursement is to be made in terms of the directions as contained in the impugned award dated 12/2/2010, it would result in the respondent nos.3 and 4 getting a major chunk of the compensation. It is the contention of the learned counsel for the appellants that if the disbursement is to be made in terms of the directions as contained in the impugned award dated 12/2/2010, it would result in the respondent nos.3 and 4 getting a major chunk of the compensation. The learned counsel submits that the respondents nos.3 and 4 would stand to get more than Rs.4,00,000/- out of the compensation. 6. The learned counsel submitted that the award therefore requires some corrections in so far as the apportionment of the compensation is concerned. 7. On the other hand, Shri Vyas, the learned counsel for the respondents no.3 and 4, submitted that the disbursement of the said amount is just and proper and the Tribunal has sought to render justice to all the claimants. The learned counsel for the respondents no.3 and 4 further submitted that since the said respondents are aged more than 70 and 60 years respectively, they would require the amount which is disbursed to them for their sustainance. 8. Having heard the learned counsel for the parties and having given my anxious consideration to the manner in which amount has been disbursed, in my view, the disbursement by the Tribunal is just and proper. If the calculations are made on the basis of the Award of the Tribunal by leaving aside the amount towards no fault liability, the disbursement of the amount would ultimately result in the compensation being disbursed in the ratio of 2/3rd : 1/3rd in favour of the appellants and the respondents no.3 and 4 respectively. The appellants would stand to get an amount of Rs.6,30,000/-whereas the respondents no.3 and 4 would get an amount of Rs.2,90,000/-respectively. In my view, considering the age of the said respondents no.3 and 4, it would not be proper to reduce the amount disbursed to them as they are in the evening of their lives and would require the said amount for taking care of themselves. In so far as the minor children are concerned, in my view their interest is adequately protected; as an amount of Rs.1,20,000/-is directed to be invested till they attain majority. Therefore, the amount, which would ultimately mature in their names would take care to some extent of their education as well as their needs in future. In so far as the minor children are concerned, in my view their interest is adequately protected; as an amount of Rs.1,20,000/-is directed to be invested till they attain majority. Therefore, the amount, which would ultimately mature in their names would take care to some extent of their education as well as their needs in future. However, the petitioner no.1 mother would be required to spend some amounts for their education and day to day needs. Hence, some directions as regards withdrawal of the accrued interest would have to be issued. In my view, therefore, the challenge in the appeal, which is restricted to the apportionment of the compensation, has no merit. However, in so far as the direction contained in clause 4(ii) is concerned, in my view the request made on behalf of the petitioner no.1 i.e. the appellant no.1 above named and respondents no.3 and 4, appears to be reasonable. The said direction in so far as the investment of Rs.50,000/-in separate fixed deposits in the names of the petitioner no.1 and the respondent nos.3 and 4 is required to be set aside and the same would stand substituted by the following directions. (i) That an amount of Rs.50,000/-each be paid over to the petitioner no.1 and the respondents no.3 and 4 by crossed account payee cheque on due identification and verification. (ii) The petitioner no.1 i.e. the widow would be entitled to withdraw 50% of the interest that would accrue on each of the fixed deposits of Rs.1,20,000/-that would be in the names of the petitioner nos.2, 3 and 4 periodically, as she deems fit. The balance interest would stand accrued and credited to the respective fixed deposit. The First Appeal is, therefore, allowed to the aforesaid extent with no order as to costs. 9. In view of the disposal of the First Appeal, Civil Application No.1273 of 2010 has become infructuous and hence disposed of as such.