1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2178 OF 2010 in FIRST APPEAL NO. 419 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.B. Kale, Advocate for applicant. Mr. A.S. Deshpande h/f. Mr. B.B. Kulkarni, Advocate for respondent No. 1. Mr. P.B. Patil, Advocate for respondent No. 2. CORAM: R. M. BORDE, J. DATED: 26th February, 2010. P.C.: 1. This is an application by the applicant seeking withdrawal of amount of compensation deposited by the appellant/Insurance Company in this Court. 2. The applicant is held entitled to receive compensation to the tune of Rs. 7,96,660/- along with interest at the rate of 7.5 % p.a. from the date of petition till realization of the amount. On admission of appeal, in pursuance to the directions issued by this Court, the Insurance Company/appellant herein has deposited Rs. 7,96,660/- in this Court. The applicant/claimant makes a grievance that the appellant was directed to deposit the amount covered by the award, however, the amount in respect of interest has not been deposited by the Insurance Company and direction 2 needs to be issued in that regard. The counsel for appellant/ Insurance Company makes a statement that the appellant will abide by the orders passed by this Court and appellant would deposit the amount payable under the award towards interest at the rate of 7.5% p.a. from the date of petition till the date of deposit of Rs.7,96,660/-. The amount shall be deposited within six weeks from today. 3. The claimant was already permitted to withdraw an amount of Rs. 1,00,000/- in view of order passed by this Court on 9th October 2009. It transpires that the Tribunal has awarded a sum of Rs. 1,77,660/- towards medical bills as well as Rs. 20,000/- towards hospital charges. Apart from this amount, the claimant is held entitled for compensation to the tune of Rs. 5,04,000/- towards 70% disability suffered by him. The counsel appearing for the appellant contends that considering the facts stated in the reply, the case put up by the claimant would be in respect of contributory negligence. Taking in to consideration the facts and circumstances of the case, I am of the opinion that the claimant needs to be permitted to withdraw Rs. 4,00,000/- in addition to Rs. 1,00,000/- which he was already permitted to withdraw in accordance with the order passed by this Court. The applicant shall be permitted to withdraw additional sum of Rs. 4,00,000/- on furnishing solvent security for the like amount. 3 Civil application stands disposed of. 4. The balance amount shall be invested in the fixed deposit initially for the period of three years and the fixed deposit receipt shall be renewed thereafter for a period until disposal of the appeal. [ R.M. BORDE, J.] ssc/ca2178.10