Prabhakar Karbhari Madnure v. United India Insurance Co. Ltd., Thr Its Deputy Manager, Aurangabad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO.7834 OF 2020 IN FAST/24705/2019 PRABHAKAR KARBHARI MADNURE

VERSUS

UNITED INDIA INSURANCE CO. LTD., AND OTHERS ...

Mr. V.M. Humbe, Advocate for the applicant Mr. S.R. Bodade, Advocate for the respondent No.1 ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE :

15th JUNE, 2021.

PER COURT :

Present application has been filed for withdrawal of the amount. Amount of Rs.12,77,242/- has been deposited by the present respondent No.1 in this Court.

Heard both sides.

Learned Advocate Mr. S.R. Bodade appearing for the insurance company has strong objection for the withdrawal of the amount. According to him, the original petitioner had sustained only 18% of the injury, which appears to be not even permanent and even if we calculate the loss, taking

CA_7834_2020 into consideration 18% disability, it will not be more than Rs.1,90,000/-. Therefore, he prayed that only that much withdrawal may be permitted. It is to be noted that at this stage the competent Court had come to conclusion that though the permanent disability is 18%, yet, it has caused loss to the petitioner much more than that and the calculation has been done stating that there is entire loss of income. Therefore, taking into consideration this aspect, it would be in the interest of the parties, at this stage, to allow the applicant to withdraw amount of Rs.6,50,000/-. As regards this amount is concerned also the applicant should file undertaking within a period of 8 weeks that he would make the said amount good, if he is directed so, at the time of final disposal. Application stands disposed of accordingly.

( Smt. Vibha Kankanwadi, J. ) agd