Pravin Babasaheb Desai v. The Manager New India Assurance Co Ltd And ORS

{1} 912-ca8114.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8114 OF 2023 IN FIRST APPEAL NO. 518 OF 2023 Pravin Babasaheb Desai Applicant

Versus

The Manager, New India Assurance Co. Ltd. & others Respondents Mr. D. R. Markad, advocate for the Applicant Mr. S. R. Bodade, advocate for Respondent No.1. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th 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.

However, the learned Counsel for the RespondentInsurance Company strongly opposed the application on the ground that the MLC at Exhibit-25 clearly indicated that the applicant, while driving the motor cycle, had in fact, given

{2} 912-ca8114.23.odt dash to the allegedly offending trailer. Therefore, at this juncture, the applicant is permitted to withdraw only 50% of the deposited amount along 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