Shri.Kashinath Raju Nawalgunde v. The National Insurance Co.Ltd.,

Sherla V.

caf.3475.2017_510.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3475 OF 2017 IN FIRST APPEAL st. NO.20691 OF 2017 Shri Kashinath Raju Nawalgunde ... Applicant

IN THE MATTER OF:

The National Insurance Co. Ltd.

... Appellant Vs.

Shri Kashinath Raju Nawalgunde & Ors.

... Respondents Mr.S.G. Thorat for the Applicant Mr.Sanjay Krishnan i/b Harshada M. Rane for appellant in FA. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: NOVEMBER 8, 2017 P.C.:

1.

Upon urgent mentioning, taken on Production Board. 2.

This application is moved by the injured claimant for withdrawal of the amount of compensation granted by the learned Member, Motor Accident Claims Tribunal, Gadhinglaj. The amount awarded is Rs.15,23,465/- with interest.

3.

The learned Counsel for the applicant submits that the applicant's right leg was to be amputated because of the accident 1 / 2

caf.3475.2017_510.doc and he needs money to meet expenditure incurred for the treatment and also for future treatment.

4.

Learned Counsel for the insurance company while opposing the application submitted that there is no 100% functional disability. 5.

In view of the submissions and considering the judgment and award of the Tribunal, the application is allowed and the applicant is allowed to withdraw Rs.9 lakhs alongwith interest accrued thereon, subject to furnishing usual undertaking to the satisfaction of the Registrar, Motor Accident Claims Tribunal, Kolhapur. The remaining amount shall be invested in a fixed deposit of a nationalised bank. 6.

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