Dnyaneshwar Gangadharrao Jagtap v. Reliance General Insurance Co. Thr Its Manager, Aurangabad And ANR

926.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 12974 OF 2017 IN FAST/14146/2017 DNYANESHWAR GANGADHARRAO JAGTAP

VERSUS

RELIANCE GENERAL INSURANCE CO. THR ITS MANAGER, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. Pahilwan Gautam J Advocate for Respondent No. 1 : Mr. R. H. Dahat & S. S. Patil.

CORAM

: K. L. WADANE, J.

DATE :

11th October, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation by the injured claimant/applicant. 2.

Learned Counsel appearing for the insurance company opposes the application on the ground that the concerned Doctor has given a percentage of disability limb-wise and he has not given the composite and total disability.

3.

From the reasons recorded by the learned Tribunal it appears that the learned Tribunal has awarded compensation to the tune of Rs. 23,00,000/-. Out of which 16,21,518/- are the medical expenses. In view of the above, I am of the opinion, the entire amount can be paid to the applicant on undertaking. 1/2

926.odt 4.

Civil Application is allowed.

5.

The applicant is permitted to withdraw the amount of compensation deposited in this Court together with accrued interest on undertaking that in case, adverse orders are passed against him, he will redeposit the amount within a period of 12 weeks from the date of order of this Court.

6.

Civil Application is disposed of.

(K. L. WADANE, J.) mkd 2/2