Mr. Anilkumar Lalman Tiwari v. Reliance General Insurance Co. Ltd. Through Its Manager, Mr. Amit Ashwini Sharma

(22) caf-2740.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2740 OF 2016 IN FIRST APPEAL STAMP NO.8818 OF 2016 Anilkumar Lalman Tiwari : Applicant.

In the matter of Reliance General Insurance Co. Ltd.

Through its Manager Amit Ashwini Sharma : Appellant.

Versus

Anilkumar Lalman Tiwari and anr.

: Respondents.

Ms. Deepti Motagi i/by RES Juris for the Applicant. Mr. Ketan Joshi for the Respondent No.1.

CORAM :

R. M. SAVANT, J.

DATE :

27th June 2016 P.C.

The above Civil Application has been filed by the Applicant seeking withdrawal of the amount of Rs.6,53,027/- deposited by the original Appellant i.e. the Insurance Company. The Applicant who is the claimant has suffered 69% disability. The Applicant was driving a auto rickshaw and it is the case of the Applicant that on account of the said injury he would not be now in a position to carry out his avocation of a auto driver and that he would have to surrender his license.

In my view, in the facts and circumstances of the present case, it lgc

(22) caf-2740.16.odt would be appropriate to permit the Applicant to withdraw an amount of Rs.2,50,000/- without security. The balance amount is directed to be invested in a fixed deposit by the office of the learned Commissioner of Employees Compensation and Judge, Mumbai initially for a period of two years and to be renewed thereafter appropriately. The above Civil Application is accordingly disposed of.

[R.M.SAVANT, J] lgc