fa150.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 150 OF 2010 The New India Assurance Company Ltd. .. APPELLANT VERSUS Balaji Kishanrao Suryavanshi & another .. RESPONDENTS Mr. Ajit Kadethankar, advocate for the appellant. Mr Mr. R.D. Biradar, advocate for respondent no. 1. Mr. S.S. Manale, advocate for respondent no. 2. ===== CORAM : R.M. BORDE, J. DATE : 29 th August, 2011 PER COURT : 1 The matter is taken up on oral motion made by learned counsel appearing for respondent / original claimant. 2 Appeal presented by the appellant / New India Assurance co. Ltd has been disposed of by this court on 4-3-2010. The appeal is partly allowed and the award passed by the Motor Accident Claim Tribunal is modified and the claimant is held entitled to receive an amount of Rs. 2,59,000/- alongwith fa150.10 2 interest at the rate of 6% per annum. It is not disputed that during the pendency of the proceeding of appeal an amount of Rs. 4,52,357/- was deposited by the insurance company. Original claimant / respondent herein was permitted to withdraw an amount of Rs. 2,26,178/-. Considering the modifications in award as directed by this court, claimant / respondent herein would be entitled to receive an amount of Rs. 1,04,252/- whereas it would be open for the appellant / New India Assurance Co Ltd. to withdraw excess amount deposited in this court. It is therefore directed to the registry to transmit sum of Rs. 1,04,252/- to the Commissioner for Workmen’s Compensation and Judge, Labour Court, Latur so as to enable the claimant to withdraw the said sum. In view of final disposal of appeal by this court, the appellant / New India Assurance Co. Ltd shall be entitled to withdraw the remaining amount. 3 In view of disposal of appeal, civil application presented by the respondent does not survive and stands disposed of. ( R. M. BORDE, J.) dyb