Sherla V.
caf.2331.2017_18(3).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2331 OF 2017
IN
FIRST APPEAL ST. 16461 OF 2015
Shri Niral Ratibhai Patel & Ors. ... Applicant/Claimant
IN THE MATTER BETWEEN:
The New India Assurance Co. Ltd. ... Applicant/Appellant
Vs.
Shri Niral Ratibhai Patel & Ors. ... Respondents
Mr.R.S. Pawar for Applicant/Claimant
Ms.Poonam Mittal for the Appellant - Insurance Co.
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: AUGUST 16, 2017 P.C.:
1. This application has been filed by the original Claimant for withdrawal of the amount deposited by the Insurance Company.
2. The learned Counsel for the applicant/original claimant submitted that the claimant has suffered dislocation of left knee joint with fracture and 40% permanent disability.
3. The learned Counsel for the Insurance Company has opposed the application and submitted that the Insurance Company has good defence and especially of contributory negligence. 1/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:59:19 :::
caf.2331.2017_18(3).doc
4. Heard. Perused the application. The applicant/claimant is allowed to withdraw an amount of Rs.1,75,000/- on furnishing usual personal undertaking before the Registrar, Motor Accident Claims Tribunal, Nasik. The remaining amount shall be invested by the Registrar, Motor Accident Claims Tribunal in a fixed deposit of a nationalised bank till the hearing of the appeal.
5. Civil Application is disposed of accordingly.
(MRIDULA BHATKAR, J.) 2/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:59:19 :::