Santosh Subhash Kshirsagar v. National Insurance Company And ORS.

49-IA-572-2025 WITHDRAW.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 572 OF 2025 IN FIRST APPEAL (ST) NO. 810 OF 2018 Santosh Subhash Kshirsagar .... Applicant

IN THE MATTER BETWEEN

National Insurance Company Limited .... Appellant

Versus

Santosh Subhash Kshirsagar and Ors.

.... Respondents Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.08.07 18:37:04 +0530 SHANTANU SHANKARSA DHUDUM ----- Mr. Manan Talati /b Mr. Nikhilesh Pote, Advocate for the Applicant. Ms. Shalini Shankar, Advocate for the Appellant - Insurance Company.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 5th AUGUST, 2025.

P.C. :

1.

By this application, the Applicant is seeking withdrawal of the amount.

2.

It is contention of learned counsel for the Applicant that due to accidental injuries, the Applicant has suffered 40% permanent physical disability. He needs the amount for his daily expenses and medical expenses. Hence, requested to allow the appeal. 3.

It is contention of learned counsel for the Appellant - Shantanu S. Dhudum 1/2

49-IA-572-2025 WITHDRAW.doc Insurance Company that the Tribunal has awarded compensation on higher side without any evidence is produced on record. Hence, requested to reject the application.

4.

I have heard both learned counsel.

5.

Due to accidental injuries, the Claimant has suffered 40% permanent physical disability. He needs the amount for his daily expenses and medical expenses. The issue raised by the learned counsel for the Appellant - Insurance Company can be considered at the time of final hearing of the appeal, and I pass following order :

ORDER

i. The Application is allowed.

ii. The Applicant is permitted to withdraw 50% amount out of deposited amount along with accrued interest thereon, on furnishing undertaking.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 2/2