Shaikh Babar Shaikh Munshi v. United India Assurance Co. Ltd, Thr Its Branch Manager, Aurangabad And ANR

ca5270.20 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO.5270 OF 2020 IN FAST/39711/2018 SHAIKH BABAR SHAIKH MUNSHI

VERSUS

UNITED INDIA ASSURANCE CO. LTD, THR ITS BRANCH MANAGER, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. Mayure Pramod C AGP for Respondent No.1: Mr. S. S. Rathi Advocate for Respondent No.2 : Mr. P.S. Mehta .....

CORAM : V. K. JADHAV, J.

DATED : 4th NOVEMBER, 2020 PER COURT:- 1.

Heard both sides.

2.

Though the learned counsel for the respondent insurer has strongly resisted the application by pointing out various infirmities, however, it is a personal injury claim and the applicant original claimant has suffered permanent disablement due to the injury sustained in the accident. The applicant-original claimant was travelling as passenger in the Bus and the said Bus was insured with the respondent-insurer. It further appears that though the Tribunal has considered the loss of earning capacity to the extent of 75%, however, considering the occupation of the applicant-claimant as a shop owner, the loss of earning capacity, as considered by the Tribunal, prima facie appears to be exorbitant.

ca5270.20 -23.

Thus, considering the entire aspects of the case, the applicantclaimant is permitted to withdraw the amount of Rs.9,00,000/- (Rupees Nine lacs only) on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court.

4.

The civil application is partly allowed and disposed of. ( V. K. JADHAV, J.) rlj/