1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.1080 of 2010 In First Appeal No.2223 Of 2009 Heera W/o Durgadas Khirode And Others. ... Applicants. Versus Professional Agrotec Pvt. Ltd. ... Respondent. -------- Shri. Y.V. Kakade, Advocate for applicants. Shri. D.Y. Jayabhar, Advocate for respondent. -------- CORAM: R.M. BORDE, J. DATE: 29th JANUARY 2010 PER COURT : 1) Heard respective counsel for the parties. 2) This is an application for seeking withdrawal of the amount deposited by the respondent in this Court. It is stated that the Commissioner for Workmen’s Compensation while partly allowing the claim petition presented by the applicants has directed the respondent to pay compensation 2 amounting to Rs.2,57,838/- along with interest at the rate of 12% per annum together with an amount of Rs.50,000/- payable towards penalty. The employer has presented the appeal raising exception to the award passed by the Commissioner for Workmen’s Compensation. The appeal is admitted. It is stated that pursuant to the order of this Court the employer has deposited an amount of Rs.2,57,838/- in this Court. 3) The legal representatives of the deceased employee, the applicants herein, in the facts and circumstances of the case, are entitled and are permitted to withdraw an amount of Rs.2,00,000/- (Rupees Two Lakhs only) on furnishing solvent security for the like amount. 4) It is pointed out that the award is passed by the Commissioner for Workmen’s Compensation in respect of amount of Rs. 2,57,838/- together with penalty of Rs. 50,000/-. On the principal amount payable 3 towards compensation the employer is directed to pay interest at the rate of 12% per annum from the date of accident till realization of the amount. The date of accident is 8th May 2007. Considering the relevant provisions of the Workmen’s Compensation Act the appeal shall have to be entertained only after deposit of the amount by the employer and production of certificate in that regard. In the instant appeal it transpires that the employer has not produced certificate in respect of deposit of the amount but has deposited part of the amount in pursuance to the order passed by this Court earlier. The employer is, therefore, required to be directed to deposit balance of the amount payable to the employee in terms of the award passed by the Commissioner for Workmen’s Compensation on 28th May 2009. The employer is thus directed to deposit the balance of the amount within a period of (8) weeks from today. On deposit of the amount as directed above, together with the amount of Rs.57,838/- already deposited, 4 the same shall be invested in the fixed deposit initially for a period of three years. The Fixed Deposit Receipt shall be renewed thereafter every year until disposal of the appeal. 5) The civil application stands disposed of. (R.M. BORDE, J.) rsl/ ca.1080.10