Goraksh Bhavka Sarode v. The Branch Manager Shriram General Insurance Co. Ltd. And ANR

948-CA-1012-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1012 OF 2020 IN FIRST APPEAL (ST) NO. 31194 OF 2019 Goraksh Bhavka Sarode ..APPLICANT

VERSUS

The Branch Manager, The Shriram General Insurance Co. Ltd.

and Another ..RESPONDENTS ....

Mr. A.P. Deshmukh, Advocate h/f Mr. M.S. Shaikh, Advocate for applicant Mr. V.N. Upadhye, Advocate for respondent no.1 Mr. S.B. Kadu, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT, J.

DATED : 21st SEPTEMBER, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for Respondent No.1 - insurance company claims to have good case in appeal, since the accident has been reported 85 days after the incident. According to him, the vehicle has been planted in the alleged incident.

3.

It is an injury claim. The amount of compensation awarded is not more than Rs. 3,50,000/-. The applicant - claimant has incurred medical expenditure little over Rs.90,000/-.

1 / 2

948-CA-1012-20.odt 4.

In the fitness of things, the applicant is permitted to withdraw Rs.1,35,000/- (Rupees One Lakh Thirty Five Thousand) out of the amount in deposit with the tribunal, on furnishing solvent surety/security/bank guaranty in the like amount. The tribunal shall pay the amount accordingly and forward the documents of security furnished by the applicant to this Court immediately. Civil application stands disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2