Vaijenath Ganpatrao Jadhav Through Is Next Friend Ganpatrao Ambaji Jadhav v. Icici Lombard General Insurance Company Ltd. And Another

CA-12948.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 12948 OF 2014 IN FIRST APPEAL (STAMP) NO. 13492 OF 2014 Vaijenath S/o Ganpatrao Jadhav ... Applicant

Versus

ICICI Lombard General Insurance Company Ltd. and another ... Respondents --- Mr. M. P. Kale, Advocate for applicant Mr. Abhijit Chaudhary, Advocate h/f Mr. V. V. Mate, Advocate for respondent No.1.

CORAM :

M. T. JOSHI, J.

DATE :

JANUARY 16, 2015

ORDER

1.

Heard both sides.

2.

Considering the medical expenses proved by the applicant and that the neuro - surgeon was examined to show permanent disability of present applicant, I allow the applicant to withdraw the amount of Rs. 9,00,000/- from the amount deposited on the condition that he executes an undertaking that in case any order adverse to his interest is passed in future, he would refund the amount within four weeks from the date of such order. 3.

Civil application is disposed of.

(M. T. JOSHI, J.) pnd