Kantaram Kusha Paradhi v. Hdfc Ergo General Insurance Company Ltd., And ANR.
40-ia-11154-24 in fast-12397-24.doc Digitally signed by DINESH SADANAND SHERLA Date:
2024.08.10 12:43:30 +0530 DINESH SADANAND SHERLA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11154 OF 2024 IN FIRST APPEAL (ST) NO. 12397 OF 2024 Kantaram K. Paradhi ...Applicant
Versus
1.
HDFC ERGO General Insurance Company Ltd.
2.
Tushar S. Thorat
...Respondents
In the matter of First Appeal (ST) No. 12397 of 2024 HDFC ERGO General Insurance Company Ltd.
...Appellant
Versus
Kantaram K. Paradhi & anr.
...Respondents.
Ms Rina Kundu for the Applicant-Kantaram Paradhi. Mr.Sarthak S. Diwan for the Appellant - HDFC ERGO General Insurance Co.
CORAM
:
N. R. BORKAR, J.
DATE :
08.08.2024.
PC:- 1.
This application is filed by the original claimant/respondent No.1 in the First Appeal (St) No. 12397 of 2024 for withdrawal of the amount of compensation deposited by appellant-HDFC ERGO General Insurance Co. (Insurance Company) pursuant to the impugned judgement and award dated 07.12.2023 passed by the Motor Accident Claim Tribunal, Mumbai in Motor Accident Claim Petition No. 191 of 2014.
2.
I have heard the learned counsel for the claimant/ respondent No.1 and the learned counsel for the Dinesh S. Sherla 1/2
40-ia-11154-24 in fast-12397-24.doc appellant- InsuranceCompany.
3.
The learned counsel for the claimant/respondent No.1 submits that due to accidental injuries, respondent No.1 was in hospital for 35 days and had incurred expenses of Rs.6 lakhs.
4.
Considering the facts and circumstance, it would be appropriate to permit the claimant /respondent No.1 to withdraw 50% of awarded amount of compensation. 5.
The Tribunal shall permit the claimant/respondent No.1 to withdraw 50% of the awarded amount, subject to filing of usual Undertaking by him before the Tribunal. 6.
Needless to mention that the Tribunal shall invest the balance amount of compensation in F.D.R. in any nationalised bank.
7.
Interim Application is disposed of in the aforesaid terms. No costs.
(N.R. BORKAR, J.) Dinesh S. Sherla 2/2