Ramesh Ajinath Wanve And ORS. v. The Oriental Insurance Co. Ltd. Pune

904-2-WITHDRAWAL-IA-10393-25 IN FA-1674-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10393 OF 2025 IN FIRST APPEAL NO. 1674 OF 2024 Ramesh Ajinath Wanve And Ors.

.... Applicants by NILAM SANTOSH KAMBLE Date:

2025.07.28 13:39:19 +0530 NILAM SANTOSH KAMBLE V/s.

The Oriental Insurance Co. Ltd. Pune .... Respondents ---- Mr.Avesh Ghadge, for Applicant No.1.

Ms.Prachi Pawar a/w Mr.Rajesh Kanojia i/b Res Juris, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 25th JULY 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 that due to accidental injuries the Claimant has suffered 15% permanent physical disability. Due to disability his N.S. Kamble page 1 of 2

904-2-WITHDRAWAL-IA-10393-25 IN FA-1674-2024.doc leg has been shortened. He needs amount for daily 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 accident occurred due to contributory negligence of the Claimant, but the Tribunal has considered negligence at 35%, it should be 50%. Hence, requested to dismiss the Application.

5.

I have heard both the learned counsel.

6.

The Applicant has suffered 15% permanent physical disability. He needs amount for daily and medical expenses. The 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 page 2 of 2