: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.78 OF 2007 CIVIL APPLICATION NO.78 OF 2007 CIVIL APPLICATION NO.78 OF 2007 IN IN IN FIRST APPEAL NO.1276 OF 2007 FIRST APPEAL NO.1276 OF 2007 FIRST APPEAL NO.1276 OF 2007 Maharashtra State Road Transport ...Applicant V/s. Raosaheb Krishna Shedbale & Anr. ...Respondents Mr.C.M. Lokesh, Advocate, i/b. G.S. Hegde & Associates, for the Applicant. . Mr.S.G. Thorat, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 26TH MARCH, 2008. DATE : 26TH MARCH, 2008. DATE : 26TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Rule. Advocate for respondent No.1 waives service. Taken up for hearing. 2. Advocate for the respondent pointed out that in terms of ad-interim order dated 22nd January, 2007, the respondent-claimant has withdrawn a sum of Rs.75,000/- without security. He states that, however, as permitted by the said order, he could not withdraw the sum of Rs.1,25,000/- as he is unable to furnish security. 3. The compensation granted prima-facie appears to be on the higher side. Considering the facts and circumstances of the case, following order is passed:- : 2 : "O R D E R" "O R D E R" "O R D E R" (a). In addition to sum of Rs.75,000/- which is already withdrawn by the 1st respondent, he will be permitted to withdraw a further amount of Rs.1,25,000/- subject to filing an undertaking to repay the amount with appropriate rate of interest in case the applicant succeeds in the Appeal. It is made clear that the undertaking will be filed before the Tribunal. (b). Rest of the amount deposited by the applicant shall be invested in the fixed deposit with any nationalized bank and the fixed deposit shall be renewed from time to time till the disposal of the Appeal. (c). The respondent will be permitted to withdraw the quarterly interest accrued on the fixed deposit. (d). Civil Application is disposed of accordingly. There will be no orders as to costs. : 3 : (e). This order is in substitution of order dated 22nd January, 2007. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]