1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4047 OF 2009 IN FIRST APPEAL NO. 4096 Of 2008 Anita w/o Rajaram Khote & others Applicants Versus Appasaheb Nalwade Gadhinglaj Taluka Sahakari Sakhar Karkhana Ltd., Harli, Tq.Gadhingalj, District Kolhapur. Respondents Mr.V.S.Badakh, advocate for the applicants. Mr.Pawan Pawar, advocate holding for Mr.S.P.Brahme, advocate for Respondents. CORAM: R.M.BORDE, J. DATE : 4th September, 2009. P.C.: 1 This is an application for withdrawal of amount deposited by appellants – Respondents No.1 & 2 herein An amount of Rs.2,73,087/- has been deposited by the appellants before the Commissioner for Workmen’s Compensation, Beed. 2 It is contended that deceased was employee of Respondent-Karkhana and he died during the course of employment. The contentions, that deceased being direct employee of Respondent Karkhana or that he died during the course of employment, are controverted by appellants – Respondents No.1 & 2 herein. However, the controversy can be resolved while dealing with the matter on merits. During the pendency of appeal, legal heirs of deceased workman are 2 entitled to receive part of the compensation amount, which would be necessary for their livelihood. Considering all the relevant circumstances, I am of the opinion that applicants can be permitted to withdraw an amount of Rs.1,00,000/- (Rs.One lac) on furnishing solvent security. The balance of amount shall be invested in fixed deposited in Nationalised Bank during the pendency and disposal of appeal. It has been pointed out that amount of penalty, to the extent of 50%, as directed, has not been deposited by the appellants. Appellants – Respondents No.1 & 2 herein should deposit the amount of penalty as directed by the Commissioner for Workmen’s Compensation, Beed, within four weeks. 3 In this view of the matter, applicants are permitted to withdraw an amount of Rs.1,00,000/- (Rs.One lakh) on furnishing solvent security. The balance of amount shall be invested in fixed deposit in Nationalised Bank, during pendency and disposal of appeal. 4 Civil Application stands disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/ca404709