Bombay High Court
Mahaveer Prasad S/O Shoyram @ ... vs The Manager Cholamandalam Ms ... on 1 August, 2022
Bench: S. G. Dige
(1) ca11141.22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 CIVIL APPLICATION NO.11141 OF 2022
IN FA/334/2022
MAHAVEER PRASAD S/O SHOYRAM @ SHIVRAM CHAUDHARI
THR NEX FRIEND HIS BROTHER
VERSUS
THE MANAGER CHOLAMANDALAM MS GENERAL INSURANCE
COMPANY LIMITED AND ORS
Mr. P. P. Patil, Advocate h/f Mr. Azad Haripal
Bhunnilal, Advocate for the applicants
Mr. A. G. Choudhari, Advocate for respondent
No.1
CORAM : S. G. DIGE, J.
DATE : 01st August, 2022
P. C.
1. Heard the learned counsel for the
applicant and the learned counsel for the
respondent No.1.
2. The learned counsel for the applicant
submits that the respondent No.1 has challenged
the judgment and award dated 29-09-2021 passed
by the Member of MACT, Aurangabad in MACP No.
175/2019 and has deposited entire award amount
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before this court.
3. In the said accident, the applicant
has suffered 55% disability and has lost his
both the legs bones and left knee. He has
suffered grievous injuries and fractures in the
said accident. The Doctor has advised him to
take complete bed rest. The applicant is bed-
ridden and under the supervision of doctors.
Since, the day of accident, life of the
applicant has become full of sufferings. The
applicant is still undergoing treatment and
medication and is required to get regular
checkups. Due to result of permanent disability
sustained, the applicant cannot do the work of
fitting Mistry of Tiles and Marbles and as such
is deprived of income for his survival. The
applicant is in dire need of money for the
medical treatment as well as for day to day
necessary expenses. Hence, requested to allow
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the application.
4. The learned counsel for the respondent
No.1 submits that the learned tribunal has
awarded compensation on higher side. The
monthly income of the applicant is considered
as Rs.15,000/- is exorbitant. On this ground
and other grounds the respondent No.1 has
challenged the judgment and award of the
learned tribunal. If the respondents succeeds
in the appeal, it would be difficult for the
respondents to recover the amount from the
applicant. Hence, requested to dismiss the
application.
5. I have heard both the learned counsels
for the parties.
6. The tribunal has awarded more than Rs.
31,00,000/- as compensation to the applicant.
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As per the applicant's contention he is bed-
ridden since the accident and he requires
medical treatment. He cannot do the work due to
his physical condition. Considering these
facts, I pass the following order:-
ORDER
a] The applicant is permitted to
withdraw 50% amount alongwith accrued
interest thereon out of the deposited
amount by the respondents on
furnishing underetaking.
b] The application is disposed of.
[S. G. DIGE, J.]
VishalK/ca11141.22
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