Malhari Gangadhar Waghmode v. Vedanat Tours And Travels Thr Prop Kiran S. More And ORS

{1} ca324920.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3249 OF 2020 IN FIRST APPEAL ST.NO.30706 OF 2019 Malhari Gangadhar Waghmode Applicant

Versus

Vedanat Tours and Travels & others Respondents Mr.V.B.Jagtap, advocate for the applicant.

Mr.R.F.Totala, APP for the Respondent No.3.

CORAM : V.K.JADHAV, J.

DATE : 19th October, 2020.

PC :

I have heard learned Counsel for the applicant and learned Counsel for Respondent No.3-the Insurer Company. It appears that this is a personal injury claim wherein the Tribunal has considered income of the applicant-claimant at Rs.7000/- per month, though there is no convincing evidence on record about his business of Shepherd. However, there is a permanent disability to the extent of 80% and the applicant has incurred an amount to the tune of Rs.Three lakhs towards medical expenses. Thus, considering the entire aspects of the case, applicant can be permitted to withdraw an amount of

{2} ca324920.odt Rs.8,00,000/- (Rs. Eight lakhs) on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. Hence, I pass the following order:

{i} Civil Application is hereby partly allowed.

{ii} The applicant is hereby permitted to withdraw the amount to the extent of Rs.8,00,000/- (Rs. Eight lakhs) on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

Civil Application is accordingly disposed of. (V.K.JADHAV) JUDGE adb