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.4022 OF 2006. APPLICATION NO.4022 OF 2006. APPLICATION NO.4022 OF 2006. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.19703 OF 2006. APPEAL (ST) NO.19703 OF 2006. APPEAL (ST) NO.19703 OF 2006. The New India Assurance Co Ltd. ... Applicant. Versus. Shri Prakash Padaji Vaity & Anr. ... Respondents. Shri S.M.Vidyarathi for the applicant. Shri M.B.Kotak for the respondent No.1. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 01st February, 2008. : 01st February, 2008. : 01st February, 2008. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the parties. It is pointed out by the learned advocate for the applicant that a sum of Rs.09,34,000/- has been deposited by the applicant in the Tribunal. His submission is that the amount awarded by the Tribunal under the heading of future loss of income is exorbitant in as much as the evidence on record shows that infact there is no loss of income. He submitted that the amount granted on account of hospital expenses is excessive and contrary to evidence. He submitted that separate amount could not have been granted on account of pain and suffering and loss of amenities. 2. Considering the challenge in the appeal, Civil Application is disposed of by passing following order: (i) The sum of Rs.25,000/- deposited by the : 2 : 2 : 2 : applicant in this Court shall be transferred to the concerned Tribunal. (ii) The Tribunal will permit the first respondent- original claimant to withdraw a sum of Rs.5,00,000/- without security and a further amount of Rs.02,50,000/- on furnishing adequate security for the said amount. (iii) Rest of the amount deposited by the applicant shall be invested in fixed deposit with any nationalised bank. The fixed deposit shall be renewed from time to time till the final disposal of the appeal. (iv) There will be no orders as to costs. Judge. Judge. Judge.