Gorakh Appa Bhosale v. Reliance General Insurance Company Ltd And ORS

2025:BHC-AUG:5190 (1) 916-ca-2015-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2015 OF 2025 IN FA/60/2025 GORAKH APPA BHOSALE

VERSUS

RELIANCE GENERAL INSURANCE COMPANY LTD AND ORS ...

Mrs. Mangal Vasantrao Manal, Advocate for Applicant. Mr. Aniruddha S. Usmanpurkar, Advocate for Respondent No.1. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 21st FEBRUARY, 2025.

P.C.:- 1.

Heard learned Advocates appearing for the respective parties.

2.

The insurer impugns award passed by Tribunal in favour of applicant/claimant. The applicant suffered injuries in an accident dated 03.10.2021. His right hand is dis-articulated from shoulder. Doctor assessed his permanent disability to the extent of 85%. Apparently, he has suffered 100% loss of earning. 3.

In that view of the matter, assessment of compensation by Tribunal, prima facie, appears to be just and proper. However, keeping in mind grounds of Appeal, entitlement of the claimant for partial withdrawal of the amount cannot be disputed. Hence, following order:

ORDER

a.

Civil Application is partly allowed.

b.

The applicant is permitted to withdraw 75% of the amount deposited by the appellant/insurance company, subject to filing an

(2) 916-ca-2015-2025.odt undertaking to the satisfaction of the Registrar (Judicial) of this Court, stating that they shall re-deposit the amount if so directed at the conclusion of the proceedings in the appeal. (S. G. CHAPALGAONKAR) JUDGE Devendra/February-2025