Ashwini Pandharinath Salve v. Bhim Sen Ram Sagar Kewat And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13820 OF 2019 IN FIRST APPEAL (ST.) NO.16460 OF 2019 (Ashwini Pandharinath Salve Vs. Bhim Sen Ram Sagar Kewat and others) ---- Mr. Sandeep B. Rajebhosale, Advocate for the applicant Mr. S.G. Chapalgaonkar, Advocate for respondent No.4 ---- CORAM : MANGESH S. PATIL, J.

DATE : 03.12.2019 PER COURT :

Heard both the sides.

2.

The original claimant is seeking withdrawal of the amount of compensation deposited by the appellant - Insurance Company pursuant to the impugned award .

3.

Learned Advocate Mr. S.G. Chapalgaonkar for the Insurance Company submits that in view of the accident between two vehicles, there is serious dispute about contribution. He would further submit that even the other Insurance Company has filed an appeal and in that appeal also, the claimant is seeking withdrawal of the amount of compensation. 4.

Considering all the above mentioned aspects, when there are enormous bills regarding medical treatment, the applicant deserves to be

ca13820-2019 allowed to withdraw 75% of the amount of compensation deposited in this court.

5.

The application is allowed. The applicant is allowed to withdraw 75% of the amount of compensation by furnishing usual undertaking. [MANGESH S. PATIL] JUDGE npj/ca13820-2019