1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.357 OF 2011 IN FIRST APPEAL NO.667 OF 2010 Division Controller, M.S.R.T.C., Amravati Versus Shyam s/o Manohar Sable and another _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri V.G. Wankhede, Advocate for the appellant Shri M.R. Joharapurkar, Advocate for the applicant/respondents. CORAM : R.M.SAVANT, J. DATED : 18.02.2011. By the above Civil Application, the applicant/respondent No.1 seeks withdrawal of the amount of Rs.3,75,000/-, which has been deposited in this Court by the appellant i.e. M.S.R.T.C. The applicant/respondent No.1 is the original claimant in Motor Accident Claim Petition No.58/2007. In the accident, in which the applicant/ respondent No.1 was involved, he had suffered permanent disability to the extent of 80%. In so far as question of liability is concerned, according to the learned Counel for the appellant, the involvement of the S.T. Bus is doubtful and therefore the liability cannot be fastened on the Appellant. In so far as the merits of the matters are concerned, the same will have to be gone into at the time of the final hearing of the above First Appeal. However, the M.A.C.T., on the basis of the evidence on record has held that the appellant is liable 2 for payment of compensation to the tune of Rs.4,54,000/- along with interest @ 7.5% per annum from the date of filing of the petition before the M.A.C.T. till realisation. The decretal amount, therefore, comes to about Rs.6,00,000/-. The appellant was directed to deposit an amount of Rs. Rs.3,75,000/- by this Court whilst admitting the appeal. 2. In my view, the interest of justice would be served if the applicant/respondent No.1 is allowed to withdraw an amount of Rs.3,00,000/- from the amount of Rs.3,75,000/-, which has been deposited by the appellant in this Court. The said amount to be withdrawn on furnishing solvent surety to the satisfaction of the learned Registrar of this Court. The applicant/respondent No.1 to file an undertaking that in the event the appellant succeeds in the above First Appeal, the said amount, which is allowed to be withdrawn, would be brought back as would be directed by this Court. Since applicant/respondent No.1 on account of the permanent disability has difficulty in moving, his next friend Kavita Sable, who is his wife, is permitted to accept the cheque, which would be in the name of the applicant/respondent No.1. The balance remaining is Rs.75,000/- to be deposited in a fixed deposit of a nationalised Bank initially for a period of three years to be renewed thereafter from time to time as required. Civil Application is accordingly disposed of. JUDGE pma