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Bombay High CourtCAF/2142/2018disposed off

Mr.Bhushan Suresh Kanade v. Hdfc Ergo General Insurance Company Limited

2018-10-06Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

osk 919­caf­2142­2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2142 OF 2018 IN FIRST APPEAL (ST.) NO. 33516 OF 2015 Bhushan Suresh Kanade ...

Applicant In the matter between :- HDFC ERGO General Insurance Co. Ltd.

...

Appellant V/s.

Bhushan Suresh Kanade & Ors.

...

Respondents • Mr.Rajure Vishwanath Babuappa for Applicant/Respondent No.1.

• Mr.Abhijit P. Kulkarni for the Appellant-Insurance Company. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 6th OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the Applicant/Respondent No.1 and learned counsel for the Appellant-Insurance Company. 2] This is an application filed by the Applicant-Claimant for withdrawal of 50% amount of compensation deposited in the Court. The Appeal is preferred by the Insurance Company on the point of quantum of the compensation and also on the point of negligence. 1/2

osk 919­caf­2142­2018.odt 3] However, considering the requirements of the ApplicantClaimant, he is permitted to withdraw 50% amount of compensation, deposited with the Tribunal, subject to furnishing of usual undertaking.

4] The Civil Application is disposed of in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2