The Manager, Oriental Insurance Company, Ltd, Wardha v. Wasudeo S/O Govindrao Yelore And Another

1 CAF2442.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [F] NO.2442 OF 2013 IN FIRST APPEAL NO.395 OF 2012 [The Manager, Oriental Insurance Company Limited .vs. Wasudeo Govindrao Yelore and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Paunikar, Advocate for Applicant-Appellant. ..........

CORAM : A. S. CHANDURKAR, J.

DATED : MARCH 23, 2015.

Prayer is to permit the original claimant to withdraw the amount of Rs.1,26,154/- that has been deposited by the appellant in this regard. It is stated that the claimant suffered various injuries on account of accident that took place on 13.10.2007. The Claims Tribunal awarded sum of Rs.1,95,000/- with 7% interest thereon. It is stated that the claimant requires the said amount for further treatment.

The application is opposed by the appellant on the ground that the disability certificate was not filed on record. Considering the nature of evidence led before the Claims Tribunal, as reflected in paras 17 and 18 of the impugned judgment, the claimant is permitted to withdraw the sum of Rs.1,00,000/- from the amount that has been deposited by the appellant in this court, subject to furnishing solvent surety to the satisfaction of the Registrar (Judicial).

Civil Application is allowed in aforesaid terms and disposed of.

JUDGE Gulande