Shri. Uttam Narsingrao ... vs The New India Assurance Company ...
2017 Latest Caselaw 6280 Bom

Sherla V.



                                                                         caf.1300.2017_17(3).doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                               CIVIL APPLICATION NO.1300 OF 2017
                                               IN
                                 FIRST APPEAL ST. 16419 OF 2015

            Shri Uttam Narsingrao Kshrisagar               ... Applicant

            IN THE MATTER BETWEEN

            The New India Assurance Co. Ltd.                     ... Appellant
                  Vs.
            Shri Uttam Narsingrao Kshrisagar & 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 40% permanent disability

due to amputation of his right leg below knee.

3. The learned Counsel for the Insurance Company has opposed

the application and submitted that the Insurance Company has good

defence.

caf.1300.2017_17(3).doc

4. Heard. Perused the application. The applicant/claimant is

allowed to withdraw an amount of Rs.7 lakhs 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.)