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Bombay High CourtCAF/143/2016disposed off

Shri. Hariram Sahebdin Yadav v. The New India Assurance Company Limited Through Mumbai Regional Office-I, Through Its Manager

2017-09-19Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

caf.143.2016_504.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.143 OF 2016 IN FIRST APPEAL st. NO.26192 OF 2015 Shri Hariram Sahebdin Yadav ... Applicant

IN THE MATTER OF

The New India Assurance Co. Ltd. & anr.

... Appellant Vs.

Shri Hariram Sahebdin Yadav & anr.

... Respondents Ms.Rina Kundu for the Applicant Mr.D.S. Joshi, for Appellant in FAst/26192/2015 CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: SEPTEMBER 19, 2017 P.C. :

1.

This application is moved by the applicant / original claimant for withdrawal of the amount of compensation of Rs.7,96,932/-, deposited with the learned Commissioner for Workmen's Compensation, Thane.

2.

The learned Counsel for the applicant submits that the applicant has suffered pelvic fracture and has spent a lot of money for medical treatment. Learned Counsel for the appellant/insurance company while opposing the application submits that the insurance company has a good case.

caf.143.2016_504.doc 3.

For the reasons stated in the Civil Application, the applicant/original claimant is allowed to withdraw an amount of Rs.6 lakhs (Rupees Six lakhs only) upon furnishing usual undertaking before the concerned learned Commissioner for Workmen's Compensation.

4.

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