Shri. Tushar Arvind Raje v. Reliance General Insurance Co.Ltd. And ANR.

53-ia-13403-2024(withdrawal).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13403 of 2024 IN FIRST APPEAL NO. 712 OF 2024 Tushar Arvind Raje ... Applicant V/s.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2024.12.18 18:14:22 +0530 Reliance General Insurance Co.Ltd.

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Respondents ---- Mr.T.J. Mendon , Advocate for the Applicant/Appellant. Ms.Shalini Shankar, for Respondent No.1.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 18th DECEMBER, 2024.

P.C. :

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Heard learned counsel for the Applicant and learned counsel for the Respondents.

2.

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

3.

It is contention of the learned counsel for the Applicants that, due to accidental injuries the Claimants has suffered 50% permanent physical disability. He has caused head injuries. He has spend huge amount for medical expenses. He has no source of income. N.S. Kamble 1/2

53-ia-13403-2024(withdrawal).doc He needs amount for daily expenses and medical expenses. Hence, requested to allow the Application.

4.

The learned counsel for the Respondent has objected to allow the Application on the ground that the Tribunal has awarded compensation on higher side without any evidence on record. Hence, requested to dismiss the Application.

5.

I have heard both the learned counsel.

6.

The Applicant has suffered injuries to his head. Two doctors have been examined to prove the injuries. Considering these facts and issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble 2/2