Shri. Harish @ Harishkumar Ramcharan Harijan v. National Insurance Co.Ltd.Through Its Mumbai Regional Office-Ii

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1679 OF 2018 IN FIRST APPEAL (STAMP) NO.30259 OF 2016 Harish @ Harishkumar Ramcharan Harijan .... Applicant In the matter between National Insurance Co. Ltd., Mumbai .... Appellant V/s.

Harish @ Harishkumar Ramcharan Harijan and Anr.

.... Respondents Ms. Ruchika Dave for the Applicant.

Mr. P.A. Narayanan for the Appellant-Insurance Company. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Ms. Dave, learned counsel for the Applicant, and Mr. Narayanan, learned counsel for the Appellant-Insurance Company. 2.

This is an application filed by the Applicant-Original Claimant for withdrawal of the entire amount of compensation deposited by the Appellant-Insurance Company in the Tribunal.

3.

Learned counsel for the Appellant-Insurance Company resists the said application on the count that, the Appeal is filed on the point of quantum of compensation and also on the ground of breach of 'permit'. 1/2 33-CAF-1679-18==.doc

4.

In view thereof, Applicant cannot be permitted to withdraw the entire amount of compensation. However, considering his requirement, Applicant is permitted to withdraw 50% of the amount of compensation deposited by the Appellant-Insurance Company in the Tribunal, subject to furnishing of usual undertaking.

5.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 33-CAF-1679-18==.doc