1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION NO. 2094 OF 2008 IN FIRST APPEAL NO. 240 OF 2008 CHIRANJILAL MAHESHWARI .. APPLICANT Vs. THE UNITED INDIA ASSURANCE CO. & ANR. .. RESPONDENTS Mr. Sachin Chavan for the appellant Mr. R. S. Darandale for respondents CORAM:SMT.RANJANA DESAI & A. A. SAYED, JJ. DATE: 11/4/2008 P.C. . On 17/12/07, the present appeal was admitted. We are informed that the appellant has deposited the entire decretal amount in the trial court. By order dated 17/12/07, the trial court was directed to permit the claimant to withdraw the amount on furnishing Bank Guarantee of a nationalized bank to the satisfaction of the Trial Court and on giving an undertaking to this court to bring back the amount, if so directed by this court on such terms 2 and conditions as may be directed by this court. The trial court was further directed to permit the claimant to withdraw only the part of the amount for which the claimant can give bank guarantee. 2. This civil application is filed by the claimant praying that order dated 17/12/07 be modified and the claimant may be permitted to withdraw 50 per cent of the entire awarded compensation along with the interest without furnishing bank guarantee or surety or that he may be permitted to withdraw the remaining 50 per cent of the awarded compensation on any terms as this Hon’ble Court may deem fit. 3. We have heard learned counsel for the applicant-claimant and learned counsel for the appellant. In the circumstances of the case and considering the disabilities suffered by the claimant, in our opinion, the impugned order needs to be modified and it is modified to the following extent; . The trial court shall permit the claimant to withdraw 30 per cent of the amount deposited by the appellant in the trial court without furnishing surety. The remaining 70 per cent shall remain 3 invested in any nationalized bank on usual terms. The order regarding filing undertaking to this Court passed by this court vide it’s order dated 17/12/07, shall continue to operate. . Civil Application is disposed of. JUDGE JUDGE