Divisional Manager, Future General India Insurance Co-Operative Ltd. Akola v. Avtar Uttam Tayade And 2 Others
48.CAF1075.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1075 OF 2022 IN FIRST APPEAL NO.
OF 20 (Divisional Manager, Future Generali India Insurance Co-operative Ltd. Vs. Avtar Uttam Tayade & ors.) ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------ Shri A.M. Kukday, Advocate for the appellant. Shri Digvijay Singh, Advocate h/f Shri S.G. Bamankar, Advocate for the respondent Nos.2 & 3.
CORAM : M.S. KARNIK, J.
DATED : MAY 05 , 2022 .
Heard learned counsel for the claimant/respondent No.1.
2.
This is an application by the claimant for withdrawal of amount deposited by the appellantInsurance Company. 3.
In paragraph Nos.3 and 4 averments are made regarding the financial difficulties faced by the applicantclaimant and expenses incurred by him for treatment of on the injuries sustained in the accident.
4.
Learned counsel for the appellant opposed the application.
5.
I have also perused the findings of the tribunal.
6.
Learned counsel for the appellant submitted that if this court is inclined to permit withdrawal, the amount allowed to be withdrawn should not be more than 50%.
48.CAF1075.22.odt 7.
However, for the reasons stated in the application and taking an overall view of the matter, as the amount which has been deposited by the appellant is Rs.3,02,188/-, I am inclined to allow the application in terms of prayer made in the application.
8.
The applicant is allowed to withdraw the amount of Rs.3,02,188/- subject to filing of usual undertaking before the Registrar(J.).
9.
The application is disposed of.
(M.S. KARNIK, J.
) *DB Signed By:DIVYA SONU BALDWA