The National Insurance Co. Ltd. Thr. Divisional Manager, Amravati v. Moreshwar Ramchandra Dhande And Others

1302caf17.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.17 OF 2018 IN CIVIL APPLICATION NO. 1108 OF 2017 IN FIRST APPEAL ST. NO.1059 OF 2017 (The National Insurance Co. Ltd. vs. Moreshwar Ramchandra Dhande and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mrs. Maldhure, Advocate for applicant.

Shri V. Awachat, Advocate for respondent no.1. -------- CORAM : MANISH PITALE, J.

DATED : FEBRUARY 13, 2018 Shri Awachat, learned Counsel for respondent no.1/claimant seeks leave to amend the prayer clause of the application.

Leave as prayed is granted. Amendment be carried out forthwith.

This is an application filed on behalf of respondent no.1/claimant seeking permission to withdraw the amount of compensation deposited in this Court by appellant Insurance Company. It is pointed out in the application that applicant is about 52 years old and that due to injuries suffered in the accident, he has suffered physical, mental and financial hardships. Considering the fact that this is a case of injuries and disability for which Tribunal has granted compensation by the impugned judgment and order, I am inclined to allow this application.

Accordingly, this application is allowed and respondent no.1/claimant is permitted to withdraw the

1302caf17.18 2/2 amount of compensation deposited by appellant Insurance Company in this Court subject to filing usual undertaking.

CIVIL APPLICATION NO. 1108 OF 2017 The appellant Insurance Company has filed this application seeking condonation of delay of 121 days in filing appeal.

For the reasons stated in the application, same is allowed and delay is condoned.

FIRST APPEAL ST. NO.1059 OF 2017 Heard learned Counsel for the parties.

Admit.

Shri Awachat, learned Counsel waives notice on behalf of respondent no.1.

Call for R & P.

Learned Counsel for appellant shall file private paper book within a period of six months. JUDGE khj