Deepak Krishna Varandekar v. The Oriental Insurance Co. Ltd. Mumbai And ANR.

P.H. Jayani 29 IA8059.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8059 OF 2025 IN FIRST APPEAL NO. 57 OF 2025 Mr. Deepak Krishna Varandekar ..... Applicant In the matter between :- The Oriental Insurance Co. Ltd., Mumbai .... Applicant V/s.

Deepak Krishna Varandekar and anr.

.... Respondents Mr. T.J. Mendon for the Applicant in IA/8059/2025 and for Respondent No.1 in Appeal.

Mr. Sudhakar Pandaram i/b. Mr. Alok Bhatt for the Applicant/Appellant - Insurance Co.

CORAM : SHYAM C. CHANDAK, J.

DATED : 07th MAY, 2025 P.C. :- .

Heard learned Advocate for the parties.

2) Present Application filed by the Original Claimant seeking withdrawal of the compensation amount along with accrued interest. 3) The Application is opposed by the learned Advocate for the Appellant. However, he states that the Appellant has no statutory defence nor defence of fake policy.

4) The withdrawal is sought on the ground that the Applicant has sustained 43% permanent partial disability as per the opinion recorded by the Medical Board. However, the Tribunal considered the disability to the 1/2

P.H. Jayani 29 IA8059.2025.doc extent of 20% only. The Applicant has incurred Rs.3,49,000/- on his medical treatment.

5) In view thereof, the Applicant is permitted to withdraw 50% of the compensation amount along with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant/Claimant would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount of compensation with nationalized bank giving highest interest from time to time.

6) Interim Application stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.05.10 10:47:03 +0530 2/2