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Bombay High CourtCAF/245/2016disposed off

Shri. Shawood Mohd. Khan S/O. Muslim Khan v. Reliance General Insuance Co. Ltd.

2016-10-17Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Vikrant 11-FA-661-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 245 OF 2016 IN FIRST APPEAL NO. 661 OF 2015 Shri Shawood Mohd. Khan ...

Applicant.

(Orig. Respondent No.1) In the matter between Reliance General Insurance Co. Ltd.

...

Appellant V/s.

Shri Shawood Mohd. Khan & another ...

Respondents.

......

Mr. V. M. Parkar for the Applicant/Respondent No.1. Ms. Shilpa Kadam i/b. Res Juris for the Appellant. ......

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : OCTOBER 17, 2016.

P.C.:

1.

This application is preferred by the original claimant for withdrawal of amount of compensation deposited with the Commissioner for Workman's Compensation at Mumbai. It is submitted that the Applicant has suffered a disability in an accident, as a result of which, he is unable to work and having financial distress. Therefore, it is requested that he may be permitted to withdraw the amount of compensation which is already deposited by the Appellant-Insurance Company.

2.

Heard learned counsel for the Appellant-Insurance Company. As the Appeal is filed only relating to the quantum of compensation, the

Vikrant 11-FA-661-2015 Applicant-original Claimant is permitted to withdraw 50% of the compensation amount deposited with the Commissioner for Workmen's Compensation on furnishing of usual undertaking without insisting on security. The Application is accordingly finally disposed of. Place the Appeal on 17th November 2016.

(DR. SHALINI PHANSALKAR-JOSHI, J.)