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Bombay High CourtIA/634/2023disposed off

Ayub Firoz Khan And ANR. v. Reliance General Insurance Company Ltd., Mumbai

2023-04-13Hon'Ble Shri Justice Shivkumar Dige2 pages

55-2-IA-634-2023 IN FA(ST)-18353-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.634 OF 2023 IN FIRST APPEAL (ST) NO.18353 OF 2022 Ayub Firoz Khan And Anr.

...Applicant

Versus

Reliance General Insurance Company Ltd.

...Respondent

---- Ms.Megha Keluskar i/b Ms.Shalini Shankar, for the Appellant. Mr.Harsh Pathak i/b Mr.Aniruddha Chandekar, for the Respondent.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.04.13 17:56:25 +0530 ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 13 APRIL 2023 P.C:- .

Heard learned counsel for the Applicant and learned counsel for the Respondent.

2.

It is contention of the learned counsel for the Applicant that the Applicant has suffered 35% permanent partial disability due to the accident. His kidney has been removed due to the accidental injuries and there are fractures to his leg. After the accident the Applicant is unable to do any work. He has no source of income. He needs the amount for daily expenses. Hence, requested to allow the Application.

N.S. Kamble page 1 of 2

55-2-IA-634-2023 IN FA(ST)-18353-2022.doc 3.

The learned counsel for the Respondent-Insurance Company strongly objected to allow the Application on the ground that the Tribunal has awarded exorbitant and excessive compensation. The monthly income of the Applicant is considered on higher side. Hence requested to dismiss the Application.

4.

I have heard both the learned counsel.

5.

The Applicant has suffered 35% permanent partial disability due to the accidental injuries. His kidney has been removed. He has suffered fracture injuries to his leg. After the accident he is unable to do work, he has no source of income. The Applicants needs the amount for their daily expenses. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2