Lakhan Sukumar Londhe v. National Insurance Co Ltd Through Its Mumbai Regional Office 1

904-iv-ia-18810-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 18810 OF 2022 IN FIRST APPEAL (ST) NO. 20711 OF 2013 Lakhan Sukumar Londhe .. Applicant In the matter between National Insurance Company Ltd.

..Appellant.

v/s.

Lakhan Sukumar Londhe & Ors.

..Respondents Mr. Atul Gatne for the Appellant-Insurance Co. Mr. S.G.Thorat for the Applicant- Org. Claimant Mr. Misar for the Respondent No.6.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 11th NOVEMBER, 2022.

P.C.

1.

The Applicant-Original Claimant has sought withdrawal of the compensation deposited by the Appellant Insurance Company. 2.

The Claims Tribunal, Jaisingpur, Kolhapur has held that it was a case of composite negligence and has directed the Appellant and Respondent Nos.4, 5 and 6 to pay the compensation. 3.

The issue is only relating to apportionment. Since there is no challenge to the quantum of compensation, the Applicant original Claimant is permitted to withdraw the compensation with accrued Digitally signed by PRASANNA P SALGAONKAR Date:

2022.11.14 18:58:28 +0530 interest, deposited by the Appellant insurance company, subject to filing PRASANNA P SALGAONKAR P P SALGAONKAR

904-iv-ia-18810-22.doc an undertaking that the amount along with interest will be refunded, in the event it is held that the Appellant insurance company is not liable to pay the compensation.

4.

Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) P P SALGAONKAR