Niral Ratibhai Patel v. The New India Assurance Company Limited Thr.Divisional Officer.

Sherla V.

caf.2331.2017_18(3).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2331 OF 2017 IN FIRST APPEAL ST. 16461 OF 2015 Shri Niral Ratibhai Patel & Ors.

... Applicant/Claimant

IN THE MATTER BETWEEN:

The New India Assurance Co. Ltd.

... Applicant/Appellant Vs.

Shri Niral Ratibhai Patel & Ors.

... Respondents 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 applicant/original claimant submitted that the claimant has suffered dislocation of left knee joint with fracture and 40% permanent disability.

3.

The learned Counsel for the Insurance Company has opposed the application and submitted that the Insurance Company has good defence and especially of contributory negligence. 1 / 2

caf.2331.2017_18(3).doc 4.

Heard. Perused the application. The applicant/claimant is allowed to withdraw an amount of Rs.1,75,000/- on furnishing usual 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. 5.

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