1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.4706/2009 in CA NO.3031/08 IN FIRST APPEAL ST.NO.14998 OF 2008. Office notes, office Memoranda of Coram, Appearances, Court s’ Orders or directions and Court’s or Judge’s Order Registrar s Orders.. ’ CORAM : K.U. CHANDIWAL, J. DATED : 17th JUNE, 2009 --- P.C.:- Heard Counsel for the claimant. The Insurance Company has deposited an amount of Rs. 3,41,751/- and there is also statutory deposit of Rs.25,000/-. CA No.3031/2008 was moved by the claimant for withdrawal. This Court allowed the claimant to withdraw the amount of Rs.75,000/- (Rupees Seventy Five thousand) and directed to deposit Rs.91,000/- in the name of his children in the bank at Osmanabad. An amount of Rs. 2,00,000/- (Rupees Two lakhs) was also directed to be deposited in the bank under Fixed Deposit. The claimant is only male member in the family. Medical treatment is 2 required to be extended to Madhukar, who is father of deceased. The monthly expenses expected to meet the medical attention is estimated at Rs.15,000/-. The letter issued by Dr. A.N.Sadre is annexed at Exhibit-B of the application. Considering the acute financial crunch faced by the claimant, request to encash the amount deposited in Fixed Deposit with its accrued interest cannot be said to be unjust, however, precaution needs to be taken. Hence, order - ORDER . The claimant is allowed to withdraw an amount of Rs.2,00,000/- (Rupees Two lakhs) with accrued interest, deposited in Bank of Maharashtra, Anandnagar branch, Osmanabad, pursuant to this Court’s order dated 28.3.2008. The applicant to furnish security to the satisfaction of the Registrar of this Court, before proceeding to withdraw the amount. Application allowed in above terms. There is delay of 123 days in causing to file appeal. The Insurance Company feels aggrieved by the Award under challenge. It has 3 already deposited the amount covered by the Award, even withdrawal is permitted to the claimant. The delay is not deliberate and occurred due to official procedure. Delay being properly explained is condoned. Application allowed. (K.U. CHANDIWAL) JUDGE agp/bdv/ca4706.09