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Bombay High CourtCAF/709/2016disposed off

Mr. Anant @ Anand Bhausaheb Patil v. M/S. Bajaj Allianz General Insurance Company Ltd.

2016-09-27Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.709 OF 2016 IN FIRST APPEAL NO.351 OF 2016 Anant @ Anand Bhausaheb Patil .... Applicant In the matter between Bajaj Allianz General Insurance Co. Ltd., Nashik .... Appellant V/s.

Anant @ Anand Bhausaheb Patil & Ors.

.... Respondents Mr. Yogendra Pendse for the Applicant-Original Respondent No.1. Mr. M.M. Sathaye for the Original Appellant-Insurance Company. Mr. Kiran Bapat, i/by Mr. G.H. Keluskar, for Respondent No.3. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27 TH SEPTEMBER 2016.

P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application preferred by the original claimant seeking withdrawal of 50% of the amount deposited by the appellant-Insurance Company before the Commissioner for Workmen's Compensation & Judge, 1st Labour Court, Nashik in Application W.C. (NF) No.22 of 2010. It is submitted that the applicant is in urgent need of some amount for the purpose of satisfying his medical expenses and also for the day-to-day needs.

1/2 CAF-709-16==.doc

3.

In view thereof, as the amount of compensation is already deposited, considering the needs of the applicant, the applicant is permitted to withdraw 50% of the amount of compensation deposited in the Tribunal, without insisting on any security, but, subject to furnishing usual undertaking.

4.

As the application preferred by the original claimant for withdrawal of 50% of the amount of compensation, as deposited by the appellantInsurance Company in the Tribunal, is granted, the Tribunal is directed to invest remaining 50% amount of compensation in any Nationalized Bank, initially, for a period of two years, to be renewed from time to time thereafter.

5.

First Appeal be placed for admission on 19th October 2016. 6.

Civil Application is disposed of in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-709-16==.doc