Shri.Ganesh Suryakant Kamblekar v. United India Insurance Company Limited

908 CAF 2261 OF 22018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2261 OF 2018 IN FIRST APPEAL NO.1227 OF 2017 Ganesh Suryakant Kamblekar ..

Applicant.

In the matter between United India Insurance Co.Ltd.

...

Appellant V/s.

Ganesh Suryakant Kamblekar and ors ....

Respondents Mr. T. J. Mendon, for applicant.

Mr. Nikhil Mehta I/by KMC Legal Venture, for the appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th OCTOBER, 2018.

P.C. :

1] This application is filed by the original claimant seeking withdrawal of the entire amount of compensation. 2] Learned counsel for the appellant insurance company submits that the Insurance Company has challenged the claim not only on the ground of quantum of compensation but also in view of the contributory negligence particularly considering that all the police papers are against respondent No.1 injured. 1/2

908 CAF 2261 OF 22018.odt 3] In view thereof,considering the requirement of the applicant claimant, he is permitted to withdraw only 50% of the amount of compensation subject to furnishing of usual undertaking. 4] The application is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2