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Bombay High CourtCA/13017/2019disposed offdismissed for default

Satish Gautam Khare v. Sanjay Namdeo Joshi And ORS

2019-11-15Hon'Ble Shri Justice Mangesh S. Patil1 pages

( 1 ) 97 ca 13017.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 97 CIVIL APPLICATION NO.13017 OF 2019 IN FAST/23073/2019 SATISH GAUTAM KHARE

VERSUS

SANJAY NAMDEO JOSHI AND ORS ...

Advocate for Applicant : Chavan (Manal) Mangal V. Advocate for Respondents : Mr. Swapnil S. Rathi ...

CORAM : MANGESH S. PATIL, J.

DATE : 15.11.2019 P.C. :- Heard both the sides. The applicant is seeking withdrawal of the amount of compensation deposited by the Insurance Company in his injury claim.

2.

The learned advocate for the Insurance Company submits that there is a dispute as regards breach of the terms and conditions since the driver of the vehicle was not holding valid licence. He further submits that compensation has not been assessed properly by the Tribunal. Considering the entire conspectus of the matter the applicant deserves to be allowed to withdraw 75% of the compensation amount. The Application is allowed. The applicant is allowed to withdraw 75% of the amount of compensation by furnishing usual undertaking.

[MANGESH S. PATIL, J.] mub