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Bombay High CourtCA/10746/2018disposed offdismissed for default

Pravin Ananda Chitrakathe v. M/S United India Insurance Company Ltd. And ORS

2018-11-27Hon'Ble Shri Justice Sunil K. Kotwal2 pages

(1) CA No.10746/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 10746 OF 2018 IN FIRST APPEAL NO. 1814 OF 2018 Pravin Ananda Chitrakathe.

Applicant.

Versus

United India Insurance Co. Ltd. & ors.

Respondents.

*** Mr. U.N. Upadhye, Advocate for the applicant. Mr. S.G. Chapalgaonkar, Advocate for respondent No.1. *** CORAM : SUNIL K. KOTWAL,J.

Dated :

27th November 2018.

ORDER :- .

This application is filed by original claimant for withdrawal of additional amount of Rs. 10,00,000/- deposited in this Court in First Appeal No.1814 of 2018.

2.

Learned Counsel holding for Mr. S.G. Chapalgaonkar, learned Counsel for respondent No.1, submits that already an amount of Rs. 20,00,000/- is withdrawn by the applicant on 27th June 2014 and he is also allowed to withdraw quarterly accrued interest on the fixed deposit amount.

(2) CA No.10746/2018 3.

After perusal of the application, it emerges that the applicant has claimed withdrawal of additional amount for his medical treatment. However, alongwith this Application he has not filed certificate of any Doctor to show the proposed expenditure. Even then considering 90% permanent disability sustained by the claimant, permission is granted to withdraw additional amount of Rs. 5,00,000/- after filing of written undertaking within eight weeks, to deposit the withdrawn amount as and when directed by this Court. The undertaking be submitted before the Motor Accident Claims Tribunal, Shahada. 4.

Registrar (Judicial) to transmit the amount of Rs.5,00,000/- to Motor Accident Claims Tribunal, Shahada for its payment to the claimant. Registrar (Judicial) is also directed to transmit the amount of quarterly accrued interest on fixed deposit amount, to the Motor Accident Claims Tribunal, Shahada, for its payment to the claimant.

5.

Civil Application is disposed of accordingly. ( SUNIL K. KOTWAL) JUDGE vdd/