Asha Hanumant Bhosale v. The New India Assurance Company Ltd Through Its Branch Manager And ORS

38- C.A.No. 14629-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14629 OF 2023 IN FA/4431/2023 Asha Hanumant Bhosle And Other .... Applicants

VERSUS

The New India Insurance - Corrected As Assurance Co Ltd Raipur Through Branch Manager ....Respondent .....

Advocate for Applicants : Mr. P.S. Chavan Advocate for Respondent No.1 : S.R. Bodade ....

CORAM : S. G. MEHARE, J.

DATE : 19.01.2024 PER COURT :

1.

Heard the learned counsel for the applicants and learned counsel for the insurer/ appellant.

2.

The appeal has been preferred against the award as there was no injury certificate and doctor was not examined. There was no material to assess the permanent disability. However, the Motor Accident Claim Tribunal awarded compensation of Rs. 55,000/-. Hence, the following order :-

ORDER

(i) The application is allowed.

38- C.A.No. 14629-2023.odt (ii) The applicants are liberty to withdraw Rs. 25,000/- ( Rupees Twenty Five Thousand )from the amount deposited by the appellant/insurer on the undertaking that they would refund the said amount if the judgment and award is reversed. ( S. G. MEHARE ) JUDGE ysk