1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3248 OF 2009 IN FIRST APPEAL NO.1204 OF 2009 S.Venkatraman @ Raman Subramaniam .....Applicant V/s. New India Assurance Co. Ltd. And Anr. ..... Respondents Mr.T.J.Mendon, for the applicant. Smt.Urmila K. Sanil, for the respondent. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : AUGUST 28, 2009 P.C. 1. This application is filed by the applicant-original claimant, in whose favour an Award is passed by the Motor Accident Claim Tribunal, Mumbai. The applicant suffered serious injuries in a vehicular accident. The Tribunal has awarded Rs.35,23,946/- with interest @ 7.5% p.a. 2. The learned counsel for the respondent submitted that the Award passed by the Tribunal is on higher side. The learned counsel for the applicant on the other hand, submitted that the applicant has incurred approximately Rs.15,00,000/- for his medical treatment, a break up of which is given in Para No.17 of the impugned Award. The learned counsel for the applicant submitted that applicant is in paraplegic 2 condition and he requires medical treatment. 3. We have heard the learned counsel for the parties. It cannot be disputed that in view of the reasoning given by the Tribunal as well as break up, the applicant was required to spent considerable amount towards his medical treatment. However, since the Advocate for the respondent Company submitted that the entire amount should not be allowed to be withdrawn by the applicant, we permit the applicant to withdraw an amount of Rs.10,00,000/- with proportionate cost and interest from the Tribunal. The said amount is to be paid to the claimant only by way of Cross Cheque and the Tribunal shall ensure that the amount is reached to the correct person. Out of Rs.10,00,000/-, the applicant can withdraw 50% amount without giving any security and for remaining 50% amount, the applicant shall give appropriate solvent security to the satisfaction of the Tribunal. 4. Civil application is disposed of in above terms. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)