1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3441 OF 2008 Dhimant Sheth .... Petitioner. vs. Commissioner for Workmen's Compensation Daman & Diu & Ors. .... Respondents. Mr. H. Toor i/by G.C. Mohanty for the petitioner. Mr. G.S. Kulkarni i/by S.S. Deshmukh for Respondents Nos.1 to 3. Mr. S.R. Waghmare for Respondent No. 4. CORAM : J.N. PATEL, & S.J. KATHAWALLA, JJ. DATE : 17th OCTOBER, 2008. P.C. . The learned counsel for the petitioner submits 2 that the petitioner has deposited the amount as per the award passed under the Workmen's Compensation Act in this Court and that the same may be paid to the Respondent No. 4. This is without accepting his liability in the matter and this concession is made on compassionate ground. In view of this, the learned counsel for the petitioner submits that the petition may be disposed of by passing appropriate orders. The learned counsel appearing for respondent no. 4 identifies respondent no. 4 who is present in Court. It is submitted that the respondent no. 4 is residing at the following address:- BODDHIRAM BISKARMA, Village : Jamu, Tahsil : Jamu, District : Banda, State : Uttar Pradesh, Post Office : Jamu, Pin Code : 210203. It is submitted that the respondent no. 4 is 20 years old and unmarried. Considering the disability suffered by 3 respondent no. 4, and in order to protect the interest of the respondent no. 4, we are of the view that the amount of compensation which has been deposited by the petitioner in terms of the award along with interest deserves to be secured so that the respondent no. 4 can reap the fruits of the same. The amount deposited by the petitioner is in the sum of Rs. 2,07,000/- . We direct the Registrar – Judicial to credit this amount in the account of the respondent no. 4 in Post Office monthly income scheme at Jamu in Village Jamu, Tahsil Baberu, Dist. Banda, Uttar Pradesh 210203 with a direction to the Post Master Jamu that respondent no. 4 i.e. Boddhiram Biskarma shall not be allowed to withdraw the amount so deposited in the monthly income Scheme during the lock in period for any reason whatsoever and would be renewed from time to time with due intimation to this Court. The monthly interest earned by respondent no. 4 to be paid to him by crediting in his savings bank account with the post office. 2. In order to comply with the aforesaid condition we direct the respondent no. 4 to open a post office saving 4 bank account in the said post office and furnish the particulars to the Registrar - Judicial duly countersigned by his advocate so that the moneys can be directly forwarded by this Court to the concerned Post Master for investment in post office monthly income scheme. Liberty to the respondent no. 4 to apply to this Court to withdraw the amount in case any contingency arises. 3. In view of the fact that the petitioner has voluntarily agreed to pay the amount as determined, the order passed by respondent no. 1 does not survive. So also the review application filed by the petitioner before the authority stands withdrawn and all the orders in the various proceedings except the impugned order stands quashed and set aside. The petition stands disposed of in the aforesaid terms and conditions so also the civil application. (J.N. PATEL, J.) (S.J. KATHAWALLA, J.) 5