Ramesh Appa Randive v. Vikas Nana Gaikwad
50-IA-14426-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 14426 OF 2024 IN FIRST APPEAL NO. 306 OF 2022 Ramesh Appa Randive .... Applicant
IN THE MATTER BETWEEN
Vikas Nana Gaikwad .... Appellant
Versus
Ramesh Appa Randive and Anr.
.... Respondents ----- Mr. A. P. Kulkarni a/w Ms. Shweta Shah, for the Applicant Mr. D. D. Rananaware, for the Appellant.
----- CORAM : SHIVKUMAR DIGE, J.
Digitally signed by SHANTANU SHANKARSA DHUDUM Date:
2024.12.11 10:20:56 +0530 SHANTANU SHANKARSA DHUDUM DATE : 6th DECEMBER, 2024.
P.C. :
1.
By this application, Applicant is seeking withdrawal of the amount.
2.
Learned counsel for the Applicant submits that due to accidental disability, Applicant is unable to do any work. He needs the amount for medical expenses and daily expenses. Learned counsel further submitted that the Appellant has deposited 50% amount out of total amount. The Applicant was permitted to withdraw 30% amount Shantanu Dhudum 1/2
50-IA-14426-2024.doc earlier by this Court, hence requested the Applicant be permitted to withdraw the remaining deposited amount.
3.
Learned counsel for the Appellant strongly objected to allow the application on the ground that, the Tribunal has awarded compensation on higher side without considering evidence on record. Hence, requested to reject the application.
4.
I have heard both learned counsel.
5.
Due to accidental injuries, the Applicant has suffered permanent physical disability. He has no source of income. He needs the amount for medical expenses and daily expenses. The issue raised by the learned counsel for the Appellant can be considered at the time of final hearing of the appeal.
6.
In view of above, I pass following order:
ORDER
i. Application is allowed.
ii. The Applicant is permitted to withdraw the remaining deposited amount along with accrued interest thereon, by usual furnishing undertaking.
The application stands disposed of.
( SHIVKUMAR DIGE, J.) Shantanu Dhudum 2/2