-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.2167 OF 2007 APPLICATION NO.2167 OF 2007 APPLICATION NO.2167 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.6958 OF 2007 APPEAL ST.NO.6958 OF 2007 APPEAL ST.NO.6958 OF 2007 National Insurance Co.Ltd. ...Applicant vs. Rajendra Saverna Singh & Anr. ...Respondents Mr.S.R.Singh i/b Ms Bhavna Bhatt for the Applicant Mr.M.B.Kotak for Respondent no.1. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 9,2008 : JANUARY 9,2008 : JANUARY 9,2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the Advocate for the first Respondent. I have perused the finding recorded by the learned Commissioner. The dispute is whether there is 100% loss of earning capacity to the first Respondent. 2. Considering the facts and circumstances of the case, Civil Application is disposed of by passing the following order : i) The first Respondent is permitted to unconditionally withdraw 50% of the amount deposited with the learned Commissioner. ii) The first Respondent is permitted to withdraw the remaining 50% of the amount on furnishing adequate security to the satisfaction of the learned Commissioner. iii) The learned Commissioner will hear the Applicant before accepting the security. iv) There will be no order as to costs. -2- JUDGE JUDGE JUDGE