Jagdeep Singh Swarna Singh Sardar And ANR. v. New India Insurance Co. Ltd.

908-IA-8700-25 IN FA-746-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8700 OF 2025 IN FIRST APPEAL NO.746 OF 2025 Jagdeep Singh Swarna Singh Sardar & Anr.

.... Applicants by NILAM SANTOSH KAMBLE Date:

2025.06.12 15:11:23 +0530 V/s.

NILAM SANTOSH KAMBLE New India Insurance Co. Ltd.

.... Respondent ---- Mr.Nikhil Mehta i/b KMC Legal Venture, for the Applicants. Ms.Swati Sinha, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 11th JUNE 2025 P.C:- .

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

2.

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

3.

It is contention of the learned counsel for the Applicants submit that, due to accidental injuries the Applicant has suffered 76% permanent partial disability. He is government servant. He is unable to do any work. He needs amount for daily N.S. Kamble page 1 of 2

908-IA-8700-25 IN FA-746-25.doc 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.

Admittedly, the Applicant has suffered permanent partial disability due to accident. Whether disability and income considered by the Tribunal is proper or not will be considered at the time of final hearing of the Appeal. He needs amount for medical expenses. Considering these facts, I pass following order.

ORDER

(i) The Application is allowed.

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

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2