Mhalsabai Bapurao Kajbe v. United India Insurance Co Ltd. Thr Its Branch Manager, Aurangabad And ORS

{1} ca3255-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3255 OF 2018 IN FIRST APPEAL NO.3199 OF 2017 Mhalsabai Bapurao Kajbe APPLICANT

VERSUS

United India Insurance Co. Ltd., and Another RESPONDENTS .......

Mr. Pramod C. Mayure, Advocate for applicant Ms. Sayali S. Tekale h/f Mr. S. G. Chapalgaonkar, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 16 th MARCH, 2018 ORDER :

1.

Heard learned advocates for the parties.

2.

Accident had taken place in 2013. The applicant was injured in the accident. The applicant is facing difficulties. The applicant submits that she is in dire need of money for day to day expenses.

3.

Learned advocate for the respondent - appellant submits that the applicant may not be entitled for the compensation awarded by the tribunal and as such, opposes the request being

{2} ca3255-18 made under the civil application seeking withdrawal of the amount deposited in this court.

4.

Having regard to facts and circumstances and looking at that as on the date decision of the tribunal is in favour of the applicant and her concerns and need expressed by her do not appear to be unwarranted, it would be expedient to allow the applicant to withdraw 75% of the amount deposited along with interest accrued thereon. Fifty percent of the amount deposited be withdrawn on furnishing an undertaking to the effect that in case the appeal is decided against the interest of the applicant, she would deposit the amount so withdrawn within a period of six months from the date of such decision. Twenty five percent of the amount deposited shall be allowed to be withdrawn on furnishing solvent security to the satisfaction of the Registrar (Judicial).

5.

Civil application stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/ca3255-18