Future General India Insurance Co. Ltd. Thr. Branch Manager, Mumbai v. Usha Ramdas Gore And Another

(1) 18.caf.426.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.426 OF 2023 IN FIRST APPEAL NO.222 OF 2020 Future General India Insurance Company Limited, through its Branch Manager, Aurangabad Vs.

Usha d/o Ramdas Gore 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. H. N. Verma, Advocate for appellant.

Mr. T. S. Deshpande, Advocate for respondent No.1. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 20/02/2023 By this application, respondent No.1 is seeking permission to withdraw the amount.

As per her contention, in the said accident she has suffered physical injuries which resulted into permanent disablement. She is in dire need of money to bear expenses.

The said application is strongly opposed by the learned Advocate for the Insurance Company on the ground that the Tribunal has awarded the compensation at excessive and exorbitant rate and Insurance Company has challenged the quantum in the present appeal. In view of the reasons mentioned in the application and objections raised by the Insurance Company, it would be just and proper to permit the

(2) 18.caf.426.2023 respondent No.1 to withdraw 50% of the compensation amount along with the accrued interest on usual undertaking.

Civil Application is disposed of.

First Appeal No.222 of 2020 1.

Paper book is dispensed with.

2.

Record and proceedings is already received.

3.

Place the matter for final hearing after three weeks, at the admission stage, at the end of admission board.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:22