Mahesh Jagatrao Bagul And ANR v. United India Insurance Co. Ltd. Thr. Its Administrative Officer, Divisional Office And ANR

2024:BHC-AUG:13218 1 967-CA-6411-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6411 OF 2024 IN FA/4699/2017 MAHESH JAGATRAO BAGUL

VERSUS

UNITED INDIA INSURANCE CO. LTD. THROUGH ITS ADMINISTRATIVE OFFICER, DIVISIONAL OFFICE AND ANOTHER ...

Mr. Girish S. Rane, Advocate for Applicants Mr. S.R. Bagal, Advocate for Respondent No.1 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 05th JULY, 2024 PER COURT :

1.

This application is filed by applicant/claimant for withdrawal of remaining 50% amount of compensation awarded by Motor Accident Claims Tribunal, Amalner. 50% amount is already withdrawn by claimant by furnishing undertaking in terms of order dated 21st April, 2017.

2.

Learned advocate for respondent No.1 Insurance Company strenuously opposed the application contending that applicant is practicing lawyer and his practice has not suffered due to accident and 40% disability is suffered by him. He submits that exorbitant compensation is awarded by the Tribunal and therefore, the application may be rejected.

3.

Taking into consideration averments made in the application, application is partly allowed. Applicant is permitted to withdraw 25% of the balance amount along with interest thereon, on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

(NITIN B. SURYAWANSHI, J.) SVH