Shri Dilip Babanrao Palande v. Reliance General Insurance Co. Ltd.

CAF 1743-18.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1743 OF 2018 IN FIRST APPEAL NO. 56 OF 2018 Dilip Babanrao Palande .Applicant Vs.

Reliance General Insurance Co. Ltd.

.Respondent Mr. S. S. Choudhari, Advocate, for the Applicant Ms Poonam Mittal, Advocate, for the Respondent

CORAM

:

V.M.DESHPANDE, J.

DATE :

11.07.2018 P.C.

.

Heard Mr. Choudhari, learned counsel for the Applicant - Claimant and Ms Mittal, learned counsel for the Respondent - Insurance Company.

2.

Ms Mittal states that the Insurance Company has deposited the entire amount of compensation as awarded before the Court below. Statement accepted.

3.

The Appeal filed on behalf of the Insurance Company which is only on quantum, is already admitted by this Court. The Application is filed by Claimant himself.

CAF 1743-18.doc 4.

After hearing both the parties to this Application, I pass the following order.

O R D E R (i) The Application is partly allowed;

(ii) Presently, the Applicant will be entitled to withdraw a sum of Rs. 10,00,000/- from & out of the amount so deposited by the Insurance Company;

(iii) The Applicant is also granted liberty to approach again before this Court to file an Application for withdrawal of further amount after a period of two years by pointing out hard pressing necessity; (iv) The remaining amount shall be invested by the Court below in any Nationalized Bank initially, for a period of three years and shall continue to do the same as & when occasion arises to save loss of interest;

(v) The Application is disposed of.

(V.M.DESHPANDE, J.)