The New India Assurance Co. Ltd., Thr Its Div. Manager, Aurangabad v. Suhas Shankar More And ANR

{1} CIVIL APPLICATION NO.9060 OF 2017 IN The New India Assurance Co.Ltd.

Applicant Suhas Shankar More & another Mr.A.B.Gatne, advocate for the applicant Mr.A.C.Darandale, advocate for Respondent No.1. Mr.N.B.Narwade, advocate for Respondent No.2. Heard learned Counsel for the parties.

Delay of 09 days in instituting the appeal is condoned, since, sufficient cause has been shown.

Civil Application is disposed of.

{2} The New India Assurance Co.Ltd.

Appellant Suhas Shankar More & another Mr.A.B.Gatne, advocate for the appellant Mr.A.C.Darandale, advocate for Respondent No.1. Mr.N.B.Narwade, advocate for Respondent No.2. Heard.

Admit. Expedite.

Call for Record & Proceedings.

Learned Counsel for respective respondents waive service of notice.

{3} CIVIL APPLICATION NO.1457 OF 2018 IN Suhas Shankar More Applicant Suresh Haribhau Supekar & another Mr.A.C.Darandale, advocate for the applicant Mr.N.B.Narwade, advocate for Respondent No.1. Mr.A.B.Gatne, advocate for Respondent No.2.

Taking into consideration the fact that both the legs of the applicant have been amputated and further, even the respondents have not disputed award to the extent of Rs.9,60,000/- towards loss of earning, it is only appropriate that the applicant is permitted to withdraw 50% of the compensation amount along with interest accrued thereon, as deposited by the Insurance Company in this Court. Such withdrawal shall be subject to the applicant filing an undertaking that same shall abide by final orders in the appeal.

In the Civil Application, the applicant has alleged shortfall in the amount deposited, by Rs.1,00,000/-. This issue is kept open to be decided at the stage of final hearing of the appeal. Civil Application is disposed of.