Sarfaraj Bashir Shaikh v. Bajaj Allianz General Insurance Company Ltd.,Thr.Its Divisional Manager.

505.FA1156_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3202 OF 2017 IN FIRST APPEAL NO. 1156 OF 2017 Sarfaraj Bashir Shaikh ... Applicant In the matter between Bajaj Allianz General Insurance Co. Ltd.

... Appellant Vs.

Sarfaraj Bashir Shaikh & Anr.

... Respondents Mr. M.S. Topkar, Advocate for the applicant.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE:

10th October, 2017.

P.C.:

Upon urgent mentioning, taken on production board. 2.

The learned counsel for the applicant submitted that notice is given to the learned counsel for the appellant/insurance company. The service is shown on the appellant/insurance company. The service copy is taken on record and marked as Exhibit 1. 3.

This Application is moved for withdrawal of an amount deposited by the original appellant pursuant to the judgment and award dated 9th May, 2017 passed by the learned Commissioner for Employee's Compensation and Judge, Labour Court, Sangli In 1 / 2

505.FA1156_2017.doc Application (ECA) No. 6/C-2/2016. The learned Commissioner has granted compensation of Rs.9,57,120/- along with interest. 4.

The learned counsel for the applicant submitted that due to accident, the applicant is paralyzed and therefore, the applicant be allowed to withdraw the amount.

5.

Considering the judgment and award and the submission of the learned counsel, the applicant is allowed to withdraw 50% of the amount deposited by the appellant/insurance company on an usual undertaking before the learned Commissioner. The remaining amount is to be deposited in the fixed deposit in any nationalized bank.

6.

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