Bombay High CourtCAF/804/2023ca disposed off

The Oriental Insurance Co. Ltd. Amravati Through Its Regional Office, Nagpur v. Pravin Daarao Bhusari Through His Next Friend, Dadarao M. Bhusari And Another

2023-03-27Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 17.ca.804.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.804 OF 2023 IN FIRST APPEAL NO.744 OF 2022 The Oriental Insurance Co. Ltd.

Vs.

Pravin Dadarao bhusari and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. M. R. Joharapurkar, Advocate for respondent No.1. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 27/03/2023 Present application is for seeking permission for withdrawal of the amount deposited by the appellant Insurance Company.

The respondent No.1 is the original claimant. The trial Court has awarded the compensation of Rs.34,39,000/-. The appellant has deposited the amount along with interest to the tune of Rs.54,76,243/-. As per contention of the respondent No.1 that he had sustained 60% permanent disability and now he is unable to work. He is in need of money for his future treatment also. The copy of the application is duly served on the appellant, none appears for the appellant. As the appellant has challenged the Judgment and Award on the ground that amount of compensation awarded is exorbitant one, considering the reason

(2) 17.ca.804.2023 mentioned in the application, at this stage it will be appropriate and just to permit the respondent No.1 to withdraw 50% of the amount deposited along with accrued interest on usual undertaking.

Amount be disbursed on due identification and verification.

Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 16:40