Ganpati S/O Ashok Pawar v. Matake Malikarjun Maroti

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5079 OF 2023 IN FIRST APPEAL NO. 3274 OF 2021 Ganpati s/o Ashok Pawar Applicant

Versus

Matake Malikarjun Maroti and another Respondents Mr. Shrimant Mundhe, advocate for the Applicant Mr. S. R. Bodade, advocate for Respondent No.2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 03rd July, 2023.

PC :

Heard rival submissions.

The applicant is seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-Insurance Company.

The learned Counsel for the appellant-Insurance Company strongly opposed the application on the ground that exorbitant compensation was granted in absence of evidence in respect of income and nature of injuries. In view of the same, the applicant, at this

{2} juncture, is permitted to withdraw 50% of the compensation amount with proportionate interest accrued thereon, by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 3274 OF 2021 National Insurance Co. Ltd.

Applicant

Versus

Ganpati s/o Ashok Pawar and another Respondents Mr. S. R. Bodade, advocate for the Applicant Mr. Shrimant Mundhe, advocate for Respondent No.1. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 03rd July, 2023.

PC :

Heard.

Admit.

Learned Counsel for Respondent No.1-applicant waives service.

(SANDIPKUMAR C. MORE) JUDGE adb