Zabir Khan S/O Maheboob Ahmed Khan v. Shriram General Insurance Co. Ltd., Thr Its Manager/Authorised Signatory, Aurangabad And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 66 CIVIL APPLICATION NO.12369 OF 2022 IN FA/1225/2022 ZABIR KHAN S/O MAHEBOOB AHMED KHAN
VERSUS
SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS MANAGER/AUTHORISED SIGNATORY, AURANGABAD AND ANR ...
Advocate for Applicant : Mr. Mukhedkar Amit Arunkumar Advocate for respondent No.1 : Mr. S. S. Rathi ....
CORAM : S. G. DIGE, J.
DATE : 29.08.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for the respondents.
2.
Learned counsel for the applicant submits that respondent has preferred appeal against the Judgment and award passed by Member Motor Accident Claim Tribunal Nanded. Respondent has deposited entire award amount before this Court. In the accident, applicant has got 34% disability due to which he is unable to do any work, he requires the amount for his daily business. Hence requested to allow the application.
3.
It is contention of the learned counsel for the respondent that respondent has challenged the impugned order on various grounds, one of the ground is false involvement of the vehicle. There is delay of one month for fling the frst information report. Accident was occurred at night time, in spite of that ofending vehicle is shown as vehicle involved in the accident, which is disputed by this respondents. If the applicants are allowed to withdraw the amount and respondents are succeed in the appeal, it would be difcult for the respondents to recover the amount. Hence requested to dismiss the application.
4.
I have herd both the learned counsel.
5.
Applicant has sufered 34% disability in the accident. He needs the amount for his daily business. The issue raised by the respondent can be considered at the time of fnal hearing of the appeal. Hence I pass the following order.
ORDER
(i) Application is allowed.
(ii) Applicant is permitted to withdraw 25% amount along with accrued interest thereon out of deposited amount by the respondent on furnishing undertaking.
(iii) Applicant is permitted to withdraw 25% amount along with accrued interest thereon out of deposited amount on furnishing solvent surety.
(iv) Civil Application is disposed of.
( S.G. DIGE,) JUDGE ysk