Ashok Mahadeo Markad v. The New India Assurance Co. Ltd., Thr Its Branch Manager And ANR

(1) CA No.3929/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 3929 OF 2019 IN FIRST APPEAL (ST.) NO. 22178 OF 2018 Ashok Mahadeo Markad.

Applicant.

Versus

New India Assurance Co.Ltd. & anr.

Respondents.

*** Mr. N.S. Kadarale, Advocate holding for Mr. M.M. Patil (Beedkar), Advocate for the applicant. Mr. M.R. Deshmukh, Advocate for respondent No.1. *** CORAM : SUNIL K. KOTWAL, J.

Dated :

18 March 2019.

ORDER :- .

Heard learned Counsel for both parties. I have gone through the award passed by the Tribunal, specifically its observations regarding functional disability. 2.

Learned Counsel for the Insurance Company, though vehemently objected this withdrawal application, considering the reasons assigned by the Tribunal, I feel it desirable to allow the applicant to withdraw 50% amount of compensation deposited in this Court by the Insurance Company with proportionate accrued

(2) CA No.3929/2019 interest thereon subject to filing of written undertaking to redeposit the withdrawn amount as and when directed by this Court. The undertaking shall be filed within 8 weeks from the date of passing of this order. Remaining compensation amount shall be invested in fixed deposit in any Nationalized Bank till final disposal of the appeal.

3.

Civil Application is disposed of.

( SUNIL K. KOTWAL) JUDGE vdd/