Ravindra Bhatu @ Bhata Patil v. The Oriental Insurance Co. Ltd. Dhule And ANR

1 35 ca 502-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO.502 OF 2023 IN FA/271/2022 WITH CA/2324/2022 IN FA/271/2022 RAVINDRA BHATU @ BHATA PATIL

VERSUS

THE ORIENTAL INSURANCE CO. LTD. DHULE AND ANR ...

Advocate for Applicant : Mr. P. C. Mayure Advocate for Respondent No.1 : Mr. D. P. Deshpande ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 16/01/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the respondent No.1 - insurance company alongwith the interest accrued thereon before the learned lower court.

3.

The learned counsel for the insurance company strongly opposed the application on the ground that there are certain admissions given by the applicant in his cross-examination, which are contrary to his claim. Further, he also pointed out that the claimant had got his driving license renewed on the next day of his cross-examination.

4.

However, I am of the opinion that at this juncture, the applicant is permitted to withdraw 50% of the impugned award

2 35 ca 502-23 alongwith the interest accrued thereon till date on usual undertaking to the satisfaction of lower court i.e. the learned Commissioner, Dhule

5. The civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-