Arun Kashinath Sonawane v. The Oriental Insurance Co.Ltd Through Its Branch Manager Ahmednagar And ANR

2024:BHC-AUG:9369 12-CA-2785-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2785 OF 2024 IN FAST/26121/2023 ARUN KASHINATH SONAWANE

VERSUS

THE ORIENTAL INSURANCE CO.LTD THROUGH ITS BRANCH MANAGER AHMEDNAGAR AND ANOTHER ...

Advocate for Applicant : Mr. Umakant U. Wagh Advocate for Respondent No.1 : Mr. M. K. Goyanka ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and learned counsel for appellant.

2.

The applicant was a conductor in M.S.R.T.C. Learned counsel for the applicant submits that after the accident, he resumed his services and superannuated. Therefore, it cannot be said that he suffered permanent disablement. The applicant has no dispute that after the accident he joined the services and superannuated. In view of the fact, following order is passed;

ORDER

i) The application is partly allowed.

ii) The applicant is permitted to withdraw 60% of the amount deposited with this Court, with accrued interest, on furnishing undertaking that he would deposit the amount, if the impugned judgment and award is reversed.

iii) The balance amount be invested in the fixed deposit in any Nationalized bank as per rules.

( S. G. MEHARE ) JUDGE rrd