1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.8882 OF 2009 IN FIRST APPEAL NO.2244 OF 2009 Sunil s/o Ramdas Gade Applicant Versus Babasaheb Murlidhar Musale Respondent Mr.H.U.Dhage, advocate for the applicant. Mr.R.R.Karpe, advocate for Respondent. WITH CIVIL APPLICATION NO.9102 OF 2009 IN FIRST APPEAL NO.2244 OF 2009 Babasaheb Murlidhar Musale Applicant Versus Sunil s/o Ramdas Gade Respondent Mr. R.R.Karpe, advocate for the applicant. Mr.H.U.Dhage, advocate for Respondent. CORAM: R.M.BORDE, J. DATE : 11th September, 2009. P.C.: 1 Civil Application No.8882/2009 is presented by the appellant for grant of stay to execution of the award passed by Commissioner for Workmen’s Compensation on 29.06.2009 in W.C.A. No.13/2007, whereas Civil Application No. 9102/2009 is filed by the claimant seeking withdrawal of the amount deposited by the appellant in this Court. 2 2 The Commissioner for Workmen’s Compensation, while allowing the claim presented by claimant directed the employer to pay an amount of Rs. 1,78,261/- towards compensation on account death of workman along with penalty of Rs.25,000/- with future interest at the rate of 12% from the date of order till realisation of the amount. The judgment and award passed by the Commissioner for Workmen’s Compensation is subjected to challenge before this Court. The appeal is admitted. The amount, as directed, has been deposited before the trial Court and certificate, in that regard, has been secured and presented along with appeal. Thus, it appears that amount of Rs.2,07,000/- has been deposited by the employer. 3 It is stated that deceased was about 16 years of age and was serving with the employer on the date of accident. The accident had occurred in the premises of the employer and death is as a result of sustaining electric shock. The trial Court has recorded a finding in favour of the claimant. Considering all the relevant circumstances, I am of the opinion that claimant (applicant in Civil Application No.9102 of 2009) be permitted to withdraw an amount of Rs.One lakh on furnishing solvent security for the like amount. Rest of the amount deposited by the employer shall be invested in Fixed Deposit in Nationalised Bank initially for the period of three years. The Fixed Deposit shall be renewed after expiry of three years every year during continuance of appeal. 4 Both the Civil Applications stand disposed of. (R.M.BORDE) JUDGE ******* adb/ca888209