1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13713 OF 2010 IN FIRST APPEAL NO. 4099 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. R.R.Imale, Advocate for the applicant. Mr. V.N.Upadhye, Advocate for resp. no. 1. ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 15/10/2010 PER COURT : 1. This is an application for withdrawal of the amount deposited by the Insurance Company. 2. The claim of the present applicant under Workmen’s Compensation Act has been allowed for the amount of Rs. 2,95,725/- ( Rupees Two Lacs Ninety Five Thousand Seven Hundred Twenty Five only ). The Insurance Company has assailed the said order in the present First Appeal. The Insurance Company has deposited amount of Rs. 2,95,725/- ( Rupees Two Lacs Ninety Five Thousand Seven Hundred Twenty Five only ). The applicant prays for withdrawal of the said amount. 3. According to the applicant, his earning 2 capacity has been totally lost as his one hand is paralyzed and he was a worker in the Company. In the circumstance, Section 4 (1) (c) of the Workmen’s Compensation Act would be applicable. 4. Per contra, Mr. Upadhye, the learned counsel for the Insurance Counsel states that only 30 % disability is shown and as such the applicant would not be entitled for the amount of more than 30 % disability. The Commissioner has wrongly computed the disability as 100 %. 5. Prima facie, the Award is in favour of the present applicant. The exact nature of the disability would be determined at the time of adjudication. At this stage, it is undisputed that the applicant has sustained disability of 30 %. About the loss of earning capacity, the Commissioner has come to the conclusion after assessing the evidence. As such, I allow the applicant to withdraw amount of Rs. 1,50,000/- ( Rupees One Lac Fifty Thousand only )on furnishing an undertaking in the form of affidavit that if the Appeal is allowed, the applicant shall deposit the said amount within the period of one month. The remaining amount be kept in the Fixed Deposit in any Nationalized Bank. [ S.V. GANGAPURWALA ] JUDGE knp/CA 13713.10 in FA 4099.08