New India Assurance Company Ltd. Regional Manager, Nagpur v. Gajanan Shivhari Saelke

1 caf824.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.824 OF 2018 AND CIVIL APPLICATION (CAF) NO.825 OF 2018 IN FIRST APPEAL NO. 391 OF 2005 (D) (NEW INDIA ASSURANCE CO.LTD....VS.. GAJANAN SHIVHARI SHELKE & 5 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J.Pophaly, Advocate for Appellant.

Shri S.M.Deshmukh, Advocate for applicant/Respondent No.1. CORAM : Z.A.HAQ, J.

DATED : APRIL 06, 2018.

Shri A.J.Pophaly, advocate appearing for original appellant/Insurance Company states that the Insurance Company is not having any objection for withdrawal of the amount deposited by it, by the respondent No.1/claimant. The amount lying in deposit, along with interest on it, be given to the respondent No.1/claimant.

The civil application is allowed accordingly. No costs.

CIVIL APPLN.NO. 825/2018.

By this application, the respondent No.1/claimant prays that the Motor Accident Claims Tribunal be directed to recalculate the amount of compensation receivable by him. According to the respondent No.1/ claimant, he has received certificate issued by Medical Board which shows that he has

2 caf824.18 suffered 75% disability. Though, according to the claimant he got certificate after disposal of First Appeal by this Court, there is nothing on record to support the submission. Even otherwise such a claim cannot be considered at this stage. The civil application is dismissed. No costs. JUDGE RRaut..