1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 17202 OF 2010 IN FIRST APPEAL NO. 2283 OF 2009 Deoram s/o Kanhiyalal Khairnar ...Applicant VERSUS The New India Assurance Co.Ltd. and anr. ...Respondents ..... Smt. Sabahat T. Kazi, advocate for the applicant Shri V.R.Mundada, advocate for respondent no.1 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 17 th February, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 Issue notice to respondent no.1. Shri V.R.Mundada, learned counsel waives service of notice for respondent no.1. 2 3 This is an application preferred by the applicant (original claimant) for withdrawal of the amount of Rs. 2,12,910/- deposited by respondent no.1 before the Labour Court, Dhule in W.C.A. No. 39 of 2008. 4 Original respondent no.2 i.e. the Insurance Company has filed the present appeal challenging the judgment and order dated 7.4.2009, passed the Commissioner for Workmen’s Compensation and Judge, Labour Court, Dhule in Application (W.C.) No. 39 of 2008 and accompanying First Appeal has been admitted by this court. The appellant/respondent no.1 herein has already deposited amount of Rs.2,19,910/- before the Labour Court on 14.8.2009. 5 Learned counsel for the applicant submits that the applicant is old aged person and he is the father of deceased, namely Kishor and he is a poor labour and is in dire need of financial assistance. 6 Considering the contents of the application, I am of the view that the withdrawal of amount to the extent of Rs.1,00,000/- on furnishing solvent security by the applicant and investing balance amount in Nationalised Bank would meet the ends of justice. 3 7 In the result, present application is allowed partly and the applicant is permitted to withdraw amount of Rs.1,00,000/- upon furnishing solvent security to that extent to the satisfaction of the Commissioner of Workmen’s Compensation and Judge, Labour Court, Dhule and it is directed that the balance amount be invested in any Nationalised Bank for the period of one year and thereafter the proceeds thereof i.e. the principal and interest be invested for further one year consecutively until further orders and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca17202.10