Ananda Namdev Chougule And ORS. v. The New India Assurance Company, Divisional Office, Kolhapur

42-FA-1419-2025 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11427 OF 2025 IN FIRST APPEAL NO. 1419 OF 2025 Ananda Namdev Chougule ...Applicant

IN THE MATTER BETWEEN:

The New India Assurance Company, Divisional Office, Kolhapur ...Appellant

Versus

Ananda Namdev Chougule And Ors.

...Respondents

WITH FIRST APPEAL NO. 1419 OF 2025 .....

Mr. S. Patil i/by S.R. Ganbavale for the Applicant in IA and Respondent in appeal.

Mr. Atharava Bhingardive i/by Ms. Poonam Mittal for the Appellant in Appeal and respondent in interim Application. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

By this application, applicant is seeking withdrawal of amount.

2.

It is contention of learned counsel for the applicant that due to accidental injury, applicant has suffered 90% permanent physical disability. The applicant has no source of income. The applicant needs Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.23 11:08:16 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

42-FA-1419-2025 (C).DOC the amount for his daily expenses. Hence, requested to allow the application.

3.

It is contention of learned counsel for the respondent - Insurance Company that there was no employer and employee relationship proved before the trial court. The compensation is awarded on higher side. Hence, requested to reject the application. 4.

I have heard both learned counsels.

5.

Considering the submissions of both the counsels as well as the applicant has suffered 90% permanent physical disability, the grounds raised by the Appellant can be considered at the time of final hearing of the appeal. Hence, I pass the following order:

O R D E R

(i) The application is allowed.

(ii) The applicants are permitted to withdraw 50% amount along with accrued interest thereon out of the deposited amount on furnishing usual undertaking.

(iii) The application is disposed off.

FIRST APPEAL NO. 1419 OF 2025 :

5.

Stand over to 9th January, 2026.

(SHIVKUMAR DIGE, J.) Sajakali Jamadar