Arun Dnyandeo Bhalmode v. The Manager United India Insurance Co Ltd And ORS

2025:BHC-AUG:17502 1 970(i).CA-1867-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 1867 OF 2025 IN FA/1451/2024 ARUN DNYANDEO BHALMODE

VERSUS

THE MANAGER UNITED INDIA INSURANCE CO LTD AND ORS .....

Advocate for the Applicant: Mr. Sunita Gulab Sonawane Advocate for Respondent No.1 :Mr.Suraj R.Bagul Advocate for Respondent No.2 and 4 : Mr. Chandrakant V.Bodkhe ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 4th JULY 2025 PER COURT :

.

Present application is for withdrawal of amount of (Rs.12,02,281+Rs.25000) i.e Rs.12,27,281/- It is contended by learned counsel for the applicant that he is entitled to receive the amount. Learned counsel Mr.Bagul for the respondent/Insurance company opposes the application. It is pointed out that the quantum is seriously disputed. The injury certificate produced by the applicant is also under serious clout. It is further pointed out that claim petition was dismissed for default and restored after about 5 years and for that period also interest was awarded. 2.

I have gone through application and considered submissions of the parties. The controversy mainly pertains to quantum. Prima facie applicant can be said to be entitled to receive part of the amount of

2 970(i).CA-1867-2025.doc compensation.

3.

Civil application is partly allowed thereby permitting the applicant to receive 40% of the amount referred above on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

Balance amount shall be invested in any nationalized bank. [ SHAILESH P. BRAHME, J.] vsj..