Niral Ratibhai Patel vs The New India Assurance Company ...
2017 Latest Caselaw 6291 Bom

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.

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.)