ash 1 caf-3313.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3313 OF 2011 IN FIRST APPEAL NO.1561 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Ranjan Tripathi i/by Shri S.M. Vidyarthi for the Applicant. Shri A.M. Gokhale i/by Shri A.S. Patil for Respondent No.1. -- CORAM : A.S.OKA, J. DATE : 26TH AUGUST, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the first Respondent. The only issue is regarding the quantum. The contentious issue is whether the compensation can be granted on the footing that there is 100% loss of earning capacity. 2. The first Respondent was working as the JCB Operator. The salary certificate produced and ash 2 caf-3313.11 proved shows his monthly salary as Rs.8,000/-. 65% physical permanent partial disability has been assessed by Dr. Ghanshyam Gaikwad. Therefore, the first Respondent will have to be permitted to withdraw a substantial amount. The Applicant has deposited the compensation amount with the Tribunal. Hence, I pass the following order: ORDER: (i) There will be interim relief in terms of prayer clause (a); (ii) The Tribunal will permit the first Respondent to withdraw a sum of Rs.7,50,000/- lakhs without security. A sum of Rs.8,00,000/- shall be separately invested in a fixed deposit in any nationalized bank till the final disposal of the appeal. The first Respondent shall be entitled to withdraw quarterly interest accrued on the said fixed deposit amount. (iii) The balance amount shall be deposited in a fixed deposit in any nationalized bank till the final disposal of the Appeal. Withdrawal of the interest ash 3 caf-3313.11 shall not be allowed as far as this fixed deposit is concerned. (iv) The withdrawal of the amount and interest in terms of clause (ii) above shall be subject to final outcome of Appeal. (v) The Civil Application is disposed of on above terms. (A.S.OKA, J)