KBP 1 fa1340-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION FIRST APPEAL NO.1340 OF 2009 (National Insurance Vs. Tito Varkey) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.C.M.Lokesh i/b.Mr.S.G.Deshpande, for appellant. Mr.J.R.Shinde, for respondent no.1. CORAM : A.S.OKA, J. DATE : 16 th November, 2010 P.C. Admit. Advocate for respondent no.1 waives service. 2] Printing is dispensed with. Private paper book be filed within one year fasiling which, appeal will stand dismissed for non prosecution without further reference to the court. [ A.S. OKA, J.] KBP 2 fa1340-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NOS.3655 OF 2009 WITH CIVIL APPLICATION NO.3990 OF 2010 IN FIRST APPEAL NO.1340 OF 2009 (National Insurance Vs. Tito Varkey) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.C.M.Lokesh i/b.Mr.S.G.Deshpande, for applicant. Mr.J.R.Shinde, for respondent no.1. CORAM : A.S.OKA, J. DATE : 16 th November, 2010 P.C. Heard learned counsel for the applicant and learned counsel for the first respondent-claimant. 2] Perused the impugned judgment. Prima facie, the compensation awarded appears to be on higher side. There is some dispute regarding the negligence. Considering the injury suffered and findings recorded by the Tribunal, the first respondent will have to be permitted to withdraw a sum of Rs.Five lacs without security and further sum of Rs.Five lacs on furnishing adequate security. 3] Hence, I pass the following order:- a) There shall be interim relief as prayed for. b) It will be open for the first respondent to KBP 3 fa1340-09.sxw withdraw a sum of Rs.Five lacs without security and further sum of Rs.Five lacs by furnishing adequate security for the said amount to the satisfaction of the Tribunal. c) The rest of the amount deposited by the applicant shall be deposited in fixed deposit till the final disposal of appeal. d) In view of this order, Civil Application No.3990 of 2010 does not survive and the same is disposed of. [ A.S. OKA, J.]