Mr. Mahenda Gajana Gurav v. The New India Insurance Co. Ltd.

17.20499.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.20499 OF 2014 IN FIRST APPEAL (ST) NO.8050 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. T. J. Mendon for the Applicant Mr. R. K. Cheulkar for the Respondent CORAM : K. K. TATED, J.

DATE : APRIL 17, 2015 P.C.:

1.

Heard. This Application is preferred by the Respondent-Claimant for withdrawal of the amount deposited by the Insurance Co.

2.

It is to be noted that the Tribunal, by impugned judgment and award dated 6/09/2012 awarded sum of Rs.2,23,980/- with 7.5% p.a. interest by way of compensation. The Insurance Co. filed the present appeal challenging the impugned judgment and award only to the extent of Rs.88780/-.

3.

The learned counsel for the Insurance Co.

submits that the claimant had filed Application under section 166A of the Motor Vehicles Act. He Basavraj G Patil 1/2

17.20499.14-caf submits that as per Schedule II of the Motor Vehicles Act the maximum amount can be awarded towards the medical expenses is Rs.15000/-. Whereas, the Tribunal has awarded Rs.1,03,780/-. 4.

Office note shows that the Applicant claimant has already withdrawn Rs.2,04,625/- from the Tribunal on 26/04/2013.

5.

Considering these facts, I do not find any substance in the Civil Application.

6.

Civil Application stands rejected.

JUDGE Basavraj G Patil 2/2