1 ca 2785.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2785 OF 2011 IN FIRST APPEAL NO. 32 OF 2011 Nadim @ Azim Alimmiyan Sayyed .. Applicant Versus Bajaj Allianz General Insurance Co. Ltd. through Br. Manager and anr. .. Respondents Shri L. B. Sayed, Advocate for the Applicant. Shri P. C. Mayure, Advocate h/f Shri S. G. Chapalgaonkar, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 25TH MARCH, 2011. PER COURT : . This is an application for withdrawal of amount. The Commissioner Workmen's Compensation has passed an award of compensation of Rs. 3,95,489/- to the claimant. The Insurance Company being aggrieved has filed present appeal. Shri Mayure, learned counsel holding for Shri Chapalgaonkar, learned counsel for the Insurance Company states that in fact employee employer 2 ca 2785.11 relationship itself is disputed. The claimant had only suffered 20% disability but the Commissioner has taken it as 100% disability and, therefore, opposes the application. 2. The Commissioner Workmen's Compensation after evaluating the evidence on record has come to the conclusion that the employee employer relationship existed and the employer has admitted that he has employed the applicant. The factum of accident is not disputed and the fact that claimant was driving the vehicle is also not disputed. The Commissioner has found that it was case of 100% loss of earning capacity. Be that as it may, the claimant has suffered disability is a proved fact. In that light of the matter, I allow the applicant to withdraw an amount of Rs. 1,00,000/- on furnishing undertaking to the Court and an amount of Rs. 1,00,000/- on furnishing solvent security of the like amount. The remaining amount of Rs. 1,95,489/- shall be kept in fixed deposit of any Nationalized Bank. The civil application disposed of. [ S. V. GANGAPURWALA, J. ] bsb/March. 11