The Oriental Insurance Company Limited Through Its Motor Third Party Claims Hub, v. Kumar. Prfula Prahlad Patil Through His Guardian Shri. Prahlad Rama Patil And ANR.

Shridhar Sutar 1 3-fast-5930.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL STAMP NO. 5930 OF 2016 WITH CIVIL APPLICATION NO. 780 OF 2016 IN FIRST APPEAL STAMP NO. 5930 OF 2016 The Oriental Insurance Co. Ltd.

... Appellant/ Applicant

Versus

Prafula Pralhad Patil and another ... Respondents WITH CIVIL APPLICATION NO. 883 OF 2018 IN FIRST APPEAL STAMP NO. 5930 OF 2016 Praful Pralhad Patil ... Applicant In the matter of The Oriental Insurance Co. Ltd.

... Appellant

Versus

Prafula Pralhad Patil and another ... Respondents .....

None for the Appellant.

Mr. Sanjay K. Ghaisas, Advocate for Respondent No.1 in First Appeal and C.A.No.780 of 2016 and for Applicant in CA No.883 of 2018. .....

CORAM : A. S. CHANDURKAR, J.

DATE : 22nd NOVEMBER, 2018.

P. C.:

CIVIL APPLICATION NO. 780 OF 2016 .

By this application, it is prayed that the delay in filing the appeal be condoned. The cause of delay is mentioned in paragraph 2 of the

Shridhar Sutar 2 3-fast-5930.16.doc application. The prayer is opposed by the learned Counsel for the respondent No.1. However, considering the reasons mentioned, which appear to be acceptable. The delay in filing the appeal stands condoned. The civil application is allowed and disposed of. FIRST APPEAL STAMP NO. 5930 OF 2016 1.

Heard.

2.

Admit.

3.

Call for the Record and Proceedings.

4.

Mr. Ghaisas, learned Counsel waives notice for respondent No.1. CIVIL APPLICATION NO. 883 OF 2018 1.

The applicant seeks permission to withdraw the amount of compensation as awarded by the claims Tribunal. 2.

Perused the impugned judgment. In the facts of the case, the applicant is permitted to withdraw an amount of Rs. 3 Lakh without furnishing any security. The remaining amount be invested in a fixed deposit.

3.

Civil application is allowed and disposed of. ( A. S. CHANDURKAR, J. )