1 caf-3055-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3055 OF 2011 IN FIRST APPEAL NO. 1579 OF 2011 Mr. Mahesh M. Kakkad .. Applicant Vs. 1. National Insurance Co. Ltd. & anr. .. Respondents Mr. A.M. Gokhale i/by Mr. M. B. Kotak for applicant. Mr. Pallavi Dabholkar for respondent no.2. CORAM: B. H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. OCTOBER 21, 2011. P.C. Though Rule has been granted in this application on 16/8/2011, the respondent – Insurance Company has not filed any reply so as to oppose the application. Record shows that an amount of Rs.50,64,056/- has been deposited by the Insurance Company with the Registry of this court on 28/3/2010. 2 caf-3055-11 The applicant is present in the court and looking at the physical disability he has sustained, the appeal filed by the Insurance Company as well as the appeal filed by the Claimant deserve to be heard on priority basis. The learned counsel for the applicant undertakes to circulate the private paper book copies within four weeks. In case the R and P has not yet been received, call for the same immediately. For the time being, we allow the applicant to withdraw an amount of Rs.10,64,056/- from the deposited amount by the Insurance Company. We further direct that the remaining amount of Rs.40 lakhs be invested with a nationalized bank and the applicant will be allowed to withdraw quarterly interest on the said invested / deposited amount. Stand over for six weeks. Parties are put to notice that the appeals may be heard finally on the next date. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)