Sudakar Babu Alias Balu Bandgar v. The Manager Shriram General Insurance Co Ltd Through Its Branch Manager Authorized Signatory And An

2024:BHC-AUG:20191 965-CA-8223-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8223 OF 2024 IN FAST/14764/2024 Sudakar Babu Alias Balu Bandgar

VERSUS

The Manager Shriram General Insurance Co Ltd Through Its Branch Manager Authorized Signatory And Anr *** • Mr. P. S. Chavan, Advocate for the Applicant • Mr. Abhijit Choudhari, Advocate for Respondent No. 1 ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

1.

This application is filed for withdrawal of the amount deposited in this Court.

2.

The present applicant, original claimant who is the person who received an injury resulting into amputation of his right leg above knee. He was working as driver and thus, has lost 100% earning capacity. 3.

Application is vehemently opposed by the learned Advocate for Appellant stating that substantial grounds are involved in the Appeal. First information report filed against Applicant showing that it is Umesh

965-CA-8223-2024.odt negligence on the part of the Applicant which resulted in to accident.

4.

Considering the above, following order:

O R D E R

(a) Application is allowed.

(b) Applicant, original claimant, is permitted to withdraw 50% amount of compensation on furnishing undertaking that if Appeal is allowed he shall redeposit the amount along with interest within 12 weeks from such judgment in the office of this Court.

(c) Further 25% amount along with interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(d) Remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

(KISHORE C. SANT, J.) Umesh