Pradip Dinkar Pawar And ANR. v. The New India Assurance Co. Ltd., Mumbai Through Legal Hub

Shantanu Dhudum 4-IA-2662-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2662 OF 2023 SHANTANU SHANKARSA DHUDUM IN SHANTANU SHANKARSA DHUDUM Date: 2023.04.13 17:47:16 +0530 FIRST APPEAL (ST) 5247 OF 2023 Pradip Dinkar Pawar & Anr.

....Applicants

Versus

The New India Insurance Co. Ltd.

....Respondents ----- Mr. Sujay Gangal a/w Mr. R. Joshi a/w Ojas Gauri for the Applicant. Mr. Sandeep Jinsiwale for the Respondent.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 12th APRIL 2023.

P.C. :

1.

Learned counsel for the applicant submits that the applicant has suffered 75% permanent disability due to accidental injury. Applicant has no source of income. He needs the amount for daily expenses, he is unable to do any work after the accident. Hence, requested to allow the application.

1/2

Shantanu Dhudum 4-IA-2662-2023.doc 2.

Learned counsel for the respondent strongly objected to allow the application on the ground that the disability considered by the tribunal is on higher side. The tribunal has awarded exorbitant and excessive compensation. Hence, requested to dismiss the application.

3.

I have heard both learned counsel, applicant has suffered 75% disability in the accident, he is unable to do any work, he has no source of income, he needs the amount for daily expenses. Hence, I pass following order.

ORDER

i.

Application is allowed.

ii.

Applicant is permitted to withdraw 50% amount alongwith accrued interest thereon, out of deposited amount on furnishing undertaking.

iii.

Application disposed of.

(SHIVKUMAR DIGE, J.) 2/2