Jakir Shabbir Pathan v. Cholamandalam M.S. General Insurance Company Ltd., Thr Div. Manager And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 39 CIVIL APPLICATION NO.11695 OF 2022 IN FAST/27948/2017 JAKIR SHABBIR PATHAN

VERSUS

CHOLAMANDALAM M.S. GENERAL INSURANCE COMPANY LTD., THR DIV. MANAGER AND ANOTHER ...

Advocate for Applicant : Mr. Mayure Pramod C. Advocate for Respondent No.1 : Mr.Abhijit Choudhari ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 23.01.2023 PER COURT :

Heard rival submissions. The applicant is seeking withdrawal of balance compensation amount as he met with subsequent accident and is in dire need of money. The learned counsel for the Insurance Company strongly opposed the application by pointing out that the applicant has already withdrawn 50% amount of the compensation i.e. around Rs. 17,00,000/-.

2.

However, considering the injuries sustained by the applicant in subsequent accident and the medical expenditure to that effect, the applicant is permitted to withdraw amount of Rs. 3,00,000/- (without any interest) from the balance compensation amount by furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this

Court. The remaining amount be invested in F.D.R. in any Nationalised Bank on yearly renewal basis till final disposal of this appeal.

3.

Application is disposed of accordingly.

(SANDIPKUMAR C. MORE) JUDGE .....

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