Anwar Nabab @ Nababbhai Shaikh v. The Branch Manager, New India Assurance Co. Ltd., Thr Senior Div. Manager, Aurangabad And Others

12665.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.12665 OF 2022 IN FIRST APPEAL NO.581 OF 2022 ANWAR NABAB @ NABABBHAI SHAIKH

VERSUS

THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.

LTD., THROUGH SENIOR DIV. MANAGER, AURANGABAD & OTHERS ...

Advocate for the applicant : Mr.V.B.Anjanwatikar Advocate for Respondent no.1 : Mr.M.R.Deshmukh ...

CORAM : S.G.DIGE, J.

DATE : 07.09.2022 P.C. :

1] Heard the learned counsel for the applicant and the learned counsel for respondent no.1.

2] The learned counsel for the applicant submits that in the alleged accident the applicant got injured and he suffered 31% disability. The right leg of the applicant is shortened by 3 c.m. Due to the said disability, the applicant is unable to do any work. He has got 100% functional disability. He is suffering from financial crisis. The amount is needed for daily expenses of the applicant, hence, requested to allow the application.

12665.22CA 3] The learned counsel for respondent no.1 submits that the applicant was the truck driver and the Tribunal has awarded compensation more than Rs.21 lacs for 31% disability of the applicant. Apparently, it is exorbitant compensation. Hence, requested to dismiss the application.

4] I have heard both learned counsel. The disability of the applicant is 31%. His right leg is shortened. He is unable to do any work. He requires the amount for his daily expenses, hence, I pass the following order :-

ORDER

i] The application is allowed.

ii] The applicant is permitted to withdraw 30% amount along with accrued interest thereon out of deposited amount on furnishing undertaking.

iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC