Anant Dattaram More And ANR. v. Cholamandalam Ms General Insurance Co. Ltd.

Shantanu Dhudum 54-IA-1906-2023 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2023.03.17 14:56:22 +0530 SHANTANU SHANKARSA DHUDUM INTERIM APPLICATION NO. 1906 OF 2023 IN FIRST APPEAL NO. 243 OF 2023 Mr. Anant Dattaram More ....Applicant

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Cholamandalam Ms. General Ins. Co. Ltd.

....Respondents ----- Mr. Deepak S. Kilaje for the Applicants.

Mr. Rajesh Kanojia a/w Nitika Singh i/b Res Juris for the Respondent ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 15th MARCH 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for the respondent.

2.

Learned counsel for the applicant submits the claimant has suffered serious injuries in the motor accident he has suffered permanent partial disability of 50%. After accident he is unable to do any work, he has no source of income, he needs the amount for his 1/2

Shantanu Dhudum 54-IA-1906-2023 .doc daily expenses. Hence, requested to allow the application. 3.

Learned counsel for the respondent/insurance company strongly objected to allow the application on the ground that tribunal has awarded exorbitant and excessive compensation without considering evidence on record. Hence, requested to dismiss the application.

4.

I have heard both learned counsel. Admittedly applicant has suffered 50% permanent disability in the said accident. After the accident he has no source of income, he has spent huge amount on medical expenses. Hence, I pass following order.

ORDER

i.

Application is allowed.

ii.

Applicant is permitted to withdraw Rs. 6,00,000/- out of deposited amount along with accrued interest thereon, on furnishing undertaking.

iii.

Application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2