Milind Madhukar Mandlik v. Mamta Samrat Sonawane

Shubhada S Kadam 64-ia-15453-2023-fa-419-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15453 OF 2023 IN FIRST APPEAL NO. 419 OF 2023 Milind Madhukar Mandlik ....Applicant In the matter of Mamta Samrat Sonawane ....Appellant

Versus

Milind Madhukar Mandlik ....Respondent Mr. Pritesh K. Bohade, Advocate for the Applicant. Mr. Nishant Sangle, Advocate for the Appellant. CORAM : SHIVKUMAR DIGE, J.

DATE : 19th DECEMBER, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for appellant-Insurance Company.

2.

Learned counsel for the applicant submitted that applicant has suffered 15% disability. Due to the accidental injury, a rod is inserted in right leg of the applicant. The applicant is unable to do any work. He needs the amount for daily expenses. He has no source of income. Hence, requested to allow the application.

3.

Learned counsel for appellant-Insurance Company strongly Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.12.22 17:23:40 +0530 objected to allow the application on the ground that the Tribunal has SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 64-ia-15453-2023-fa-419-2023.doc awarded compensation on higher side. Hence, requested to reject the application.

4.

I have heard both learned counsel. The applicant has suffered 15% disability in the accident. He has no source of income. He needs the amount for daily expenses. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

The applicant is permitted to withdraw 50% amount along with accrued interest therein, out of the deposited amount, on furnishing usual undertaking.

The application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2