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Bombay High CourtCA/10074/2021admittedallowedgrantedrule absolute

Sandipan Pandharinath Adhav v. Cholamandalam General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And Another

2024-12-14Hon'Ble Shri Justice N. B. Suryawanshi1 pages

2024:BHC-AUG:29719 918-CA-10074-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10074 OF 2021 IN FA/1917/2022 Sandipan Pandharinath Adhav

VERSUS

Cholamandalam General Insurance Co. Ltd., Through Its Branch Manager, Aurangabad And Another ......

Mr. L.B. Palod, Advocate for Applicant Mr. Anhijit Choudhari, Advocate for Respondent No.1 ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 14th DECEMBER, 2024 ORDER :

1.

Heard.

2.

This application is filed for withdrawal of compensation amount deposited by the insurance company pursuant to the order passed in injury claim filed by the applicant.

3.

Learned advocate for the insurance company strenuously opposed the application stating that, in the first appeal, involvement of the vehicle is questioned and the award is challenged on that ground.

4.

For the reasons stated in the application, the same is partly allowed. Applicant/claimant is permitted to withdraw 50% amount along with proportionate interest accrued thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial).

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane