Ramprasad Kashinath Jadhav v. The United India Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad

1 23-CA-12246-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 12246/2017 IN FA/1595/2008 RAMPRASAD KASHINATH JADHAV

VERSUS

UNITED INDIA INSURANCE CO. LTD.

...

Advocate for Appellant : Mr. D.B. Pawar Advocate for Respondent : Mr. R F Totala ....

CORAM : K.K. SONAWANE, J.

DATED : 10TH OCTOBER, 2017.

Order :- 1.

Heard learned counsel for the applicant and respondentInsurance company. This is an application seeking permission to withdraw the decreetal amount deposited by the Insurance Company pursuant to the order passed by the learned Tribunal. The Insurance Company has deposited in all Rs.2,08,000/- in this Court. The matter pertains to the compensation under section 163-A of the Motor Vehicles Act. In view of the nature of subject matter, there is no impediment to allow the applicant to withdraw 50% of the amount deposited by the Insurance Company in this Court for serious injuries suffered to him the vehicular accident. 2.

In view of the nature of subject matter and the reasons mentioned in the application, applicant is allowed to withdraw Rs.1,00,000/- (Rupees One Lakh) in lump sum being part payment of the compensation amount from the amount deposited

2 23-CA-12246-17 by the Insurance Company in this Court subject to condition that applicant shall furnish undertaking to the satisfaction of the Registrar (Judicial) of this Court to the effect that in case appellant - Insurance Company succeed in the appeal on adjudication of the appeal, applicant -original claimant will refund the amount forthwith as per directions of this Court. 3.

The civil application is allowed in above terms and stand disposed of.

Sd/- [ K. K. SONAWANE ] JUDGE mtk.