Sbi General Insurace Company Ltd. Andheri (East), Mumbai Through Its Divisional Manager v. Prashant S/O Wasudeo Bhatkar And Others

19. CAF 1382.2022 in FA 101.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1382 OF 2022 IN FIRST APPEAL NO. 101 OF 2020 SBI General Insurance Company Ltd. thr. its Divisional Manager, Andheri (East), Mumbai ...VERSUS...

Prashant S/o. Wasudeo Bhatkar and ors.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Mrunal Naik, Advocate for appellant.

Shri P.S.Gawai, Advocate and Shri Pushkar Ghare, Advocate for respondent no. 1/ applicant.

Shri P.U.Kavishwar, Advocate for respondent no. 2.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

rd August , 2022.

The present application is filed by respondent no. 1/applicant for grant of permission to withdraw the amount therein.

2.

The appellant has deposited the entire amount of compensation before this Court. It is the contention of the respondent no. 1/applicant that he is a driver by profession. He met with an accident and suffered permanent disability. There is rod inserted in his leg, therefore, he cannot pursue his profession. In view thereof, he has applied for withdrawal of amount of compensation deposited by the appellant company. 3.

The learned counsel appearing for the appellant vehemently opposed the application on the ground that respondent

19. CAF 1382.2022 in FA 101.2020 no. 1 himself was negligent and the charge-sheet is filed against the driver of motorcycle i.e. respondent no. 1 as well as driver of car. It is a matter to be decided after final hearing.

4.

At present, the purpose will be served by allowing the respondent no. 1/applicant to withdraw 50% of amount, on furnishing the undertaking to the effect that if the appellant succeed in the appeal, respondent no. 1 will refund the amount as per final order passed in First Appeal.

5.

The Registry to disburse 50% of amount in the account of respondent no. 1/applicant.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar