1. This petition has been preferred against the order dated 04.10.2010 passed by the learned Commissioner under The Workmen's Compensation Act, 1923 in Distribution Application No.07/2010 whereby, the petitioner was allowed to withdraw amount equivalent to approximately 11% of the total amount of deposit as against the claim of 30%.
2. The facts in brief as emerging from the record are that on 12.11.2008 the petitioner sustained some bodily injury while he in employment with one Panchdeep Cotton Industries, Deesa. Proceedings under the provisions of the said Act were initiated and in the said proceedings, the respondent-Insurance Company deposited an amount of Rs.1,60,350/- with the authority below. Pursuant thereto, the petitioner preferred the application in question seeking withdrawal of 30% of the amount deposited. The said application was allowed in part by impugned order dated 04.10.2010. Being dissatisfied with the same, the petitioner has preferred the present petition.
3. Heard learned counsel for the respective parties. Though served, none appears on behalf of respondent no.2. The authority below permitted withdrawal of a sum equivalent to approximately 11% of the total deposit considering the fact that all fingers of the right hand of the petitioner had been amputated. If the petitioner had been permitted to withdraw 30% of the amount, then it may cause him great hardship in future and the interest that he would have received on the balance 70% amount would be meager. Therefore, the authority below permitted withdrawal of amount equivalent to approximately 11% of the total deposit. In my opinion, the authority was completely justified in permitting partial withdrawal keeping in mind the future of the petitioner. I am in complete agreement with the reasonings given in the impugned order and hence, find no reasons to interfere in this petition.
4. For the foregoing reasons, the petition is rejected.
[K.
S. JHAVERI, J.] Pravin/* Top