1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4581 OF 2006 IN FIRST APPEAL NO.552 OF 2006 Mr. Villa Nova Barretto .. Applicant Versus The New India Assurance Co. Ltd. and anr. .. Respondents Mr. T.J. Mendon Advocate for applicant Mrs. Arati B. Barve Advocate for respondents CORAM : S.B. MHASE, & S.R. SATHE, JJ. DATED : 20 th OCTOBER, 2006 P.C.:- This is an application to withdraw the amount deposited by the original appellant/ respondent Insurance Company. The applicant has suffered Motor accident and thereby suffered disability of 100%. He was a computer engineer working as Manager. The accident as claimed in petition was of 1992 and unfortunately it was decided on 20/08/2005. It will show that most of the amount is of the interest. The appellant insurance company has deposited amount of Rs. 73,41,176/- during the pendency of the appeal and therefore except Rs. 12,000/-, Petitioner-applicant has 2 not received anything. Under these circumstances, we find it appropriate that the amount be disbursed in favour of the applicant-original claimant before the motor accident claim in the following manner. 75% of the deposit amount shall be paid to the applicant without guarantee and remaining 25% shall be paid on executing bond or guarantee. Civil Application disposed of. (S.R. SATHE, J.) (S.B. MHASE, J.)