Prasad Prakash Daundkar vs Reliance General Insurance ...
2021 Latest Caselaw 17681 Bom

                                                                                   51-ia-2310-2020.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.2310 OF 2020
                                                             IN
                                                 FIRST APPEAL NO.1128 OF 2019
VISHAL
SUBHASH               Prasad Prakash Daundkar                               ...Applicant
PAREKAR
                                 vs.
Digitally signed by
VISHAL SUBHASH        Reliance General Insurnace Co. Ltd. And Anr.          ...Respondent
PAREKAR
Date: 2021.12.20
18:07:06 +0530
                      Mr. Suraj Kaushik i/b. Mr. Yuvraj Narvankar, for the Applicant
                      Ms. Shalini Shankar, for the Respondent/Insurer.


                                                     CORAM :   N. J. JAMADAR, J.

                                                     DATE :    DECEMBER 20, 2021

                      P.C.:

                      .       This application is preferred for withdrawal of the amount of

compensation deposited by the appellant/insurer in terms of the

judgment and award bearing MACP No. 888 of 2013 dated 5 th

December, 2018 passed by learned Member, MACT, Pune.

2. The applicant claims to have suffered 100% permanent

disability on account of injury sustained in an accident and totally

dependent on the family members. The applicant claims to have

incurred huge expenses towards medical treatment.

3. In the backdrop of the nature of the injuries sustained by the

applicant, his claim that he is totally dependent on the family

Vishal Parekar, P.A. ...1 51-ia-2310-2020.doc

members cannot be said to be unreasonable. It can hardly be

disputed that the applicant/original claimant requires the amount

to meet the necessities of life. Hence, the application stands partly

allowed.

4. The applicant/original claimant is permitted to withdraw 50%

of the amount of compensation along with interest accrued thereon

subject to furnishing an undertaking, before the Tribunal, to bring

back the said amount along with interest at such rate as may be

decided by this Court in the event the application is allowed and it is

held that the applicant is not entitled for compensation.

5. Application stands disposed of.

                                            (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                        ...2