(3) MCA 443.2026 20th August, 2026 Sonam IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 443 OF 2026 IN FIRST APPEAL NO. 37 OF 2025 SHANTA LAXMAN CHAUHAN AND 4 ORS. … APPLICANT Versus PRAKASH MAHOTE AND 4 ORS …RESPONDENTS Mr. Milton Marshal and Mr. Pranav Vaze, Advocates for the Applicant. Mr. Pankaj Shirodkar (through V.C.), Advocate for Respondent No. 5. CORAM : VALMIKI MENEZES, J. DATED : 20th AUGUST, 2026 P.C: 1. This is an application seeking withdrawal of 50% of the compensation with interest awarded by the Motor Accident Claims Tribunal (MACT) at Panaji. The Applicants are the original claimants in the claim petition, first Applicant is the grandmother of the Applicant Nos. 2, 3, 4 and 5. Learned Advocate Mr. Marshal for the Applicants submits that the grandmother, Applicant No.1 2026:BHC-GOA:1684 (3) MCA 443.2026 20th August, 2026 was appointed as the guardian ad-litem of Applicant No.5 before the MACT at Panaji since the Applicant No. 5 is mentally challenged person. 2. The award apportions the liability to pay the compensation to the extent of 50% on the Respondent No. 5/Bajaj Allianz and 50% together on Respondent Nos. 1 and 2. 3. Considering these findings of the Trial Court, and the fact that the Respondent No. 5 has deposited the entire compensation amounting to Rs. 66,03,085/- before this Court, if the Respondent No. 4, who is the original Appellant even partly succeeds in the Appeal, it would have to be secured to the 50% of the deposited amount. 4. In this view of the matter, I am of the opinion that the release of an amount of Rs. 16,00,000/- in favour of the Applicants for the time being would suffice. 5. Consequently, I allow the application to the extent that the Registry shall release to the Applicants, in the below mentioned proportion, an amount of Rs. 16,00,000/- within a period of three weeks from today. (3) MCA 443.2026 20th August, 2026 6. The amount of Rs. 16,00,000/- shall be released in the following proportion: Applicant No. 1 Rs. 3,20,000/- Applicant No. 2 Rs. 3,20,000/- Applicant No. 3 Rs. 3,20,000/- Applicant No. 4 Rs. 3,20,000/- Applicant No. 5 Rs. 3,20,000/- The aforementioned amounts shall be released to the accounts of the respective Applicants, details of which are given in paragraph 7 of the application. 7. Since Applicant No. 5 is represented by his guardian ad-litem i.e. Applicant No. 1, an amount of Rs. 3,20,000/- due to him shall be transferred to his account with a rider that the Applicant No. 1, who is his guardian ad-litem and signatory to the account shall ensure that the same is invested in the Fixed Deposit for a period of five years and the interest from such deposit shall stand credited to the account and be utilized for the expenses of the Applicant No. 5. (3) MCA 443.2026 20th August, 2026 8. The application stands disposed of in the above terms. VALMIKI MENEZES, J.