Shri.Easwaram M Shetty v. The New India Assurance Company Limited

25 CAF 3133 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3133 OF 2018 IN FIRST APPEAL (ST) NO.35709 OF 2013 Easwaran M. Shetty and anr ...

Applicant.

In the matter between The New India Assurance Co.Ltd ...

Appellant V/s.

Easwaran M. Shetty and anr ...

Respondents Ms. Kamini S. Pansare, i/by Avinash M. Gokhale, for applicant.

Ms. Poonam Mital, for the appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the applicant claimant and learned counsel for appellant.

2] This application is preferred by the original claimant, who is injured in the accident, for withdrawal of the entire amount of compensation. Considering the fact that the appeal is preferred on the quantum of compensation, applicant is permitted to withdraw 50% amount of compensation subject to furnishing usual undertaking. 3] Application is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1