Shri. Uttam Narsingrao Kshirsagar v. The New India Assurance Company Limited Through Divisional Officer

Sherla V.

caf.1300.2017_17(3).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1300 OF 2017 IN FIRST APPEAL ST. 16419 OF 2015 Shri Uttam Narsingrao Kshrisagar ... Applicant

IN THE MATTER BETWEEN

The New India Assurance Co. Ltd.

... Appellant Vs.

Shri Uttam Narsingrao Kshrisagar & Ors. ... Respondents Mr.R.S. Pawar for Applicant/Claimant Ms.Poonam Mittal for the Appellant/insurance Co. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1.

This application has been filed by the original Claimant for withdrawal of the amount deposited by the Insurance Company. 2.

The learned Counsel for the applicant/original claimant submitted that the claimant has suffered 40% permanent disability due to amputation of his right leg below knee. 3.

The learned Counsel for the Insurance Company has opposed the application and submitted that the Insurance Company has good defence.

1 / 2

caf.1300.2017_17(3).doc 4.

Heard. Perused the application. The applicant/claimant is allowed to withdraw an amount of Rs.7 lakhs on furnishing usual personal undertaking before the Registrar, Motor Accident Claims Tribunal, Nasik. The remaining amount shall be invested by the Registrar, Motor Accident Claims Tribunal in a fixed deposit of a nationalised bank till the hearing of the appeal. 5.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2