1 C.A. No.17126.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 17126 OF 2010 in FIRST APPEAL NO. 291 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 18th March, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount deposited by the Insurance Company. The Award is passed by the Tribunal granting compensation of Rs. 6,51,785/- (Rs. Six lakhs fifty one thousand seven hundred eighty five). The Insurance Company has deposited the said amount. 3. Shri Mundada, learned counsel for non-applicant states that in fact, the applicant had sustained only 20% disability, 2 C.A. No.17126.10 but the Tribunal has awarded the amount considering 100% loss of earning capacity which on the face on it is erroneous. 4. Be that as it may the Award is in favour of the applicant. It is not disputed that applicant has suffered disability. In that light of the matter, I pass following order. ORDER A} The applicant is allowed to withdraw amount of Rs. 1,50,000/- (Rs. One lakh fifty thousand) on furnishing undertaking in the form of affidavit that in case the appeal is allowed and the applicant shall deposit the said amount within one month. B] The applicant is also allowed to withdraw Rs. 50,000/- (Rs. Fifty thousand) on furnishing solvent security of like amount. The remaining shall be kept in fixed deposit of any Nationalized Bank. C] The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM* 3 C.A. No.17126.10