Shri.Subhash Mahadeo Aadit v. The New India Assurance Company Limited Thr.Divisional Officer

Sherla V.

caf.2333.2017_16(3).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2333 OF 2017 IN FIRST APPEAL ST. 16426 OF 2015 Shri Subhash Mahadeo Aadit ... Applicant

IN THE MATTER BETWEEN

The New India Assurance Co. Ltd.

... Appellant Vs.

Shri Subhash Mahadeo Aadit ... Respondent Mr.R.S. Pawar for Applicant/Claimant Ms.Poonam Mittal for the Appellant/insurance Co. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1.

This application has been filed by the original Claimant for withdrawal of the amount deposited by the Insurance Company. 2.

The learned Counsel for the Insurance Company submitted that the Insurance Company has good defence especially of contributory negligence.

3.

Heard. Perused the application. The applicant/claimant is allowed to withdraw an amount of Rs.1 lakh on furnishing usual 1 / 2

caf.2333.2017_16(3).doc personal undertaking before the Registrar, Motor Accident Claims Tribunal, Nasik. The remaining amount shall be invested by the Registrar, Motor Accident Claims Tribunal in a fixed deposit of a nationalised bank till the hearing of the appeal. 4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2