Nabi Bashirsab Shaikh Thr Power Of Attorney Holder Bashirsab Nabisab Shaikh v. Tata Aig General Insurance Co. Ltd., Thr Its Manager And ORS

938-CA-5640-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5640 OF 2023 IN FIRST APPEAL NO. 3551 OF 2018 NABI BASHIRSAB SHAIKH THR POWER OF ATTORNEY HOLDER BASHIRSAB NABISAB SHAIKH

VERSUS

TATA AIG GENERAL INSURANCE COMPANY LTD THR ITS MANAGER AND OTHERS ...

Mr. S.S. Panale - Advocate for Applicant Mr. S.S. Patil - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th April, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the Insurance Company alongwith the interest accrued thereon. 3.

The learned counsel for the respondent - Insurance Company strongly opposed the application on the ground that, the learned Tribunal has granted exorbitant amount of compensation and the applicant has already withdrawn Pooja K.

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938-CA-5640-2023 amount of Rs.10,00,000/- (rupees ten lacs only) vide order dated 26th February, 2019.

4.

However, it appears that the applicant is almost 100% disabled and at present bedridden. Moreover the learned Tribunal has not granted any compensation on account of future loss of income. In view of the same and considering the compensation granted by the learned Tribunal, the applicant is permitted to withdraw further amount of Rs.15,00,000/- (rupees fifteen lacs only) from the balance amount of compensation on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5.

The remaining amount be kept in F.D.R. in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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