-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.4911 OF 2007 APPLICATION NO.4911 OF 2007 APPLICATION NO.4911 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.22156 OF 2007 APPEAL ST.NO.22156 OF 2007 APPEAL ST.NO.22156 OF 2007 New India Assurance Company Ltd. ...Applicant vs. Manik Hulaji @ Khulaji Sonkamble & Anr. ...Respondents Mr.S.M.Vidyarthi for the Applicant Mr.M.B.Kotak for the Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : DECEMBER 13,2007. : DECEMBER 13,2007. : DECEMBER 13,2007. P.C.: P.C.: P.C.: 1. Rule. The Advocate for the first Respondent waives service. The grievance of the Applicant in the Appeal is that there is no basis for assessment of the disability at 80%. The second grievance is that the multiplier applied is on the higher side. The third grievance is that the amount granted on all the counts is excessive. 2. I have perused the impugned Judgment and Order. It is stated that the entire amount due and payable as per the impugned Judgment has been deposited with the concerned Tribunal. 3. Considering the facts and circumstances of the case, Civil Application is disposed of by passing the following order : -2- i) A sum of Rs.25,000/- deposited by the Applicant in this Court shall be transferred to the concerned Tribunal. ii) The Tribunal will permit 40% of the amount deposited by the Applicant to be withdrawn by the claimants without any security. However, the withdrawal will be subject to final outcome of the Appeal. iii) The tribunal will permit the original claimants to withdraw a further amount of Rs.1,00,000/- on furnishing adequate security. iv) The balance amount deposited by the Applicant shall be invested in fixed deposit in any nationalised bank and the fixed deposit shall be renewed from time to time till the final disposal of the Appeal. JUDGE JUDGE JUDGE