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2012 DIGILAW 463 (SC)

Ashfaq Husain v. United India Ins. Co. Ltd.

2012-05-07

GYAN SUDHA MISRA, T.S.THAKUR

body2012
ORDER : Leave granted. 2. By the impugned order the High Court has directed the entire compensation amount to be desposited in a term deposit. The amount of interest earned on the deposit has, however, been directed to be released to the appellant. 3. Learned counsel for the appellant argued that instead of directing the entire amount to be invested in a term deposit, the High Court ought to have released 50% of the compensation amount in favour of the appellant, who has suffered a grievous injury resulting in his leg being amputated, there preventing him from any kind of gainful employment. She submits that the appellant is ready to furnish property security to the satisfaction of the Workmen's Compensation Commissioner, Moradabad Region, Moradabad, in case, the order passed by the High Court is modified and 50% of the compensation amount awarded is released in his favour. 4. We find that offer to be fair and reasonable. In the circumstances, therefore, we direct release of 50% of the compensation amount deposited by the respondent - Insurance Company in favour of the appellant subject to his furnishing property security to the satisfaction of the Workmen's Compensation Commissioner, Moradabad Region, Moradabad. The balance 50% would continue to be invested in the term deposit, for the benefit of the successful party. Interest accrued on the balance 50% shall not be disbursed to the appellant and shall accumulate also to be disbursed to the successful party. 5. The impugned order is modified to the above extent and this appeal is disposed off. No costs.