1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5779 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders Mrs. M.D. Thube-Mhase, Advocate for the applicant Mr. A.G. Kanade, Advocate for respondent No.1 CORAM : B.R. GAVAI & N.D. DESHPANDE,JJ. DATE :- 23rd JULY, 2009 PER COURT : 1. This is an application for withdrawal of the amount deposited by the non-applicant/appellant in this court. The application is vehemently opposed by Shri Kanade, learned counsel appearing on behalf of the appellant - Insurance Company. 2. The original claimant met with an accident due to which he sustained 40% disability. The compensation awarded comprised of Rs. 6,05,435/- towards the medical expenses incurred by the claimant. The amount granted towards loss of earning is Rs. 5,76,000/-. 3. The amount granted towards medical expenses has been granted by the learned Tribunal after taking into consideration the bills which were 2 produced on record by the claimant. By an interim order, this court has permitted withdrawal of an amount of Rs.2,50,000/- by the applicant. 4. Taking into consideration the facts of the case, we are inclined to partly allow the application. An amount of Rs. 14,31,899/- has been deposited in this court. Out of the said amount Rs. 2,50,000/- was already permitted to be withdrawn. The applicant is further permitted to withdraw an amount of Rs.6,81,899/-. The remaining amount of Rs. 5 Lakhs is directed to be invested in Fixed Deposit Receipt in the State Bank of Hyderabad, initially for a period of 3 years and thereafter to be renewed on year to year basis. [N.D. DESHPANDE,J.] [B.R. GAVAI , J.] grt/-