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Bombay High CourtCAF/1757/2013admittedallwdgrantedrule absolute

United India Insurance Co. Ltd., Through Its Regional Manager, Nagpur Regional Office, Nagpur v. Ulhas S/O Harsing Rathod And Another

2015-04-22Hon'Ble Shri Justice A.S. Chandurkar2 pages

2204caf1757.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1757 OF 2013 IN FIRST APPEAL NO. 1222 OF 2012 United India Insurance Co. Nagpur Vs. Ulhas Harsing Rathod & Ano. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri D. N. Kukday Adv for applicant.

Shri B. D. Vora Adv for respondent no.1.

CORAM: A. S. CHANDURKAR J.

DATED: 22 APRIL, 2015.

Prayer is to permit the claimant to withdraw 50% of the amount of compensation deposited by the appellant. It is stated that the claimant has suffered disability to the extent of 35% on account of said accident.

The application is opposed by learned counsel for the appellant on the ground that the claim as made was under Section 163-A of the Motor Vehicles Act and the claimant himself was the driver. Considering permission which is granted in other connected appeals the respondent no.1 is permitted to withdraw the sum of Rs. 75,000/-. Balance amount is directed to be placed in fixed deposit initially for a period of three years and to be renewed thereafter. Civil application is allowed in aforesaid terms and disposed of. JUDGE

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