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Bombay High CourtCA/8129/2017disposed offdismissed for default

Deepika Rishikesh More v. The New India Assurance Co. Ltd. Thr Its Authorized Signatory R.R.Yadav And ANR

2017-06-30Hon'Ble Shri Justice V.K. Jadhav1 pages

ca8129.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8129 OF 2017 IN FA/1750/2017 DEEPIKA RISHIKESH MORE

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. THR ITS AUTH. SIGNATORY RAVIKANT RAJENDRA YADAV ...

Advocate for Applicants : Mr. Shinde Chandrakant K. Advocate for Respondents : Mr. M.M. Ambhore .....

CORAM : V. K. JADHAV, J.

DATED : 30th JUNE, 2017 PER COURT:- 1.

Heard both sides.

2.

Learned counsel for the applicant submits that the applicant may be permitted to withdraw 75% of the amount out of the amount deposited in this Court. Learned counsel for the respondent insurer submits that the respondent insurer has raised specific plea of contributory negligence and also challenged the quantum of compensation as awarded by the Tribunal.

3.

In view of the above submissions and considering the challenge made to the judgment and award and the fact that the applicant has incurred huge medical expenses, the applicant is permitted to withdraw the compensation amount to the extent of 50% alongwith accrued interest on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. Both civil application is disposed of. ( V. K. JADHAV, J.) rlj/