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CASE NO.: Appeal (civil)  1718 of 2008

PETITIONER: VIMAL KUMAR

RESPONDENT: NATIONAL INSURANCE CO.LTD. AND ANR

DATE OF JUDGMENT: 03/03/2008

BENCH: ASHOK BHAN & DALVEER BHANDARI

JUDGMENT: JUDGMENT O R D E R           CIVIL APPEAL NO. 1718 OF 2008 (Arising out of SLP(C)NO.23039 of 2005)

       Leave granted.         Appellant-claimant suffered 80% permanent disability in accident.          The Trial Court by its award dated 15.2.2005 awarded a total sum of Rs.7,74,800/- by  way  of compensation.          The High Court by the impugned order,  while admitting the appeal, has stayed the  operation of the impugned award dated 15.2.2005 subject to the condition that the Insurance  Company shall deposit one third of the amount awarded in the Subordinate Court within three  months. The claimant was put at liberty to withdraw the aforesaid one third amount on furnis hing  surety.         Claimant, being aggrieved, is before us in the present case.         Heard counsel for the parties.         After hearing counsel for the parties and taking into account the injuries suffered  by the  appellant, we modify the impugned order of the High Court to the extent that instead of one  third  amount the Insurance Company shall deposit 50% of the amount awarded along with interest and   the claimant-appellant would be entitled to withdraw the same without furnishing any surety.   Insofar  as the remaining 50% of the amount is concerned, the same  shall remain stayed during the pe ndency  of the appeal before the High Court.         The Appeal is disposed of in the above terms.