1 caf3809-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 3809 OF 2011 WITH CIVIL APPLICATION NO. 2500 OF 2010 IN FIRST APPEAL NO. 801 OF 2010 Pannalal J. Dubey .. Applicant V/s. The United India Insurance Co. Ltd. .. Respondent ..... Mr. T. J. Mendon for the applicant in C. A. No.3809 of 2011 and for respondent No.1 in C. A. No.2500 of 2010. Mr. N. G. Ghotekar for respondent No.1 in C. A. No.3809 of 2011 and for applicant in C.A. No.2500 of 2010. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 16, 2011. P.C.: Heard the learned counsel appearing for the parties. Appeal preferred by the insurer of the vehicle against an Award made in a claim petition made under section 166 of the Motor Vehicles Act, 1988, has been admitted by this Court. The entire compensation amount has been deposited with the Tribunal. 2. The grievance of the appellant – insurer is that the contribution of the original claimant is to the extent of 50%. 2 caf3809-11 3. Considering the nature of challenge in the Appeal, out of the compensation payable to the claimant under the impugned Award, the claimant deserves to be permitted to withdraw 50% of the amount. 4. Hence, applications are disposed of by passing the following order: :: O R D E R :: i. There will be interim relief in terms of prayer clause (a) of Civil Application No.2500 of 2010. A sum of Rs.25,000/- deposited in the Court shall be transferred with the Tribunal together with interest accrued thereon. ii. Out of the compensation payable under the impugned Judgment and Award, the Tribunal will permit the original claimant to withdraw 50% of the amount. iii. Rest of the amount shall be invested in the Fixed Deposit till the final disposal of the Appeal. iv. Both the applications are disposed of on the above terms. 3 caf3809-11 v. The Tribunal to act upon an authenticated copy of this order. (A.S.OKA, J.)