Bombay High Court
Reliance General Insurance ... vs Shri.Amol Ulhas Kasar And Anr on 15 March, 2022
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.219 OF 2022
WITH
INTERIM APPLICATION NO. 3283 OF 2021
WITH
INTERIM APPLICATION NO. 1263 of 2022
Reliance General Insurance Co.Ltd., .. Appellant
Nashik
Versus
Amol Ulhas Kasar & Anr. .. Respondents
...
Ms.Poonam Mital for the Appellant.
Mr.Rajan S. Pawar for the Respondent in the First Appeal and
for the Applicant in IA/1263/22.
...
CORAM: BHARATI DANGRE, J.
DATED : 15th MARCH, 2022
P.C:-
INTERIM APPLICATION NO.3283 OF 2021
1. By the present application, the applicant/appellant-
Reliance General Insurance Co. Ltd. seeks stay to the effect
and implementation of the impugned judgment.
The learned counsel for the appellant states that an
amount of Rs.16,49,045/- is deposited before the MACT, Nasik
in terms of the Judgment and Award dated 23/03/2021. The
M.M.Salgaonkar
2/3 18 FA 219-22.doc
said statement is accepted. In the wake of the aforesaid
statement, there shall be stay to the effect and operation of the
impugned judgment.
2. The application stands disposed off.
INTERIM APPLICATION NO.1263 OF 2022
3. By the present application, the claimant seeks
withdrawal of the amount of compensation, which is deposited
by the Insurance Company before the Tribunal.
Heard the learned counsel for the applicant and perused
the application.
The facts resulting in the compensation being awarded
reveal that in the accident, which took place on 09/10/2016,
when the applicant was travelling in a Maruti Car, which met
with an accident, being hit by a pick-up vehicle registered with
the Insurance Company, he sustained serious spinal injury. He
was admitted to hospital and was undergoing treatment for a
long period of time. A specifc statement is made in the
application that on account of the spinal injury, he is still on
bed and is unable to follow his pursuit or engage in any
professional activity. The permanent disability assessed by
the Civil Surgeon, Nasik is 72% but the statement is, functional
disability is 100%.
It is pleaded that the applicant lost his wife in the
accident and post accident, he is unable to carry out his milk
business, which used to yield him fied income. The fnancial
diffculty is pressed into service, since the applicant is
paralyzed and lying on the bed and also taking further
treatment.
M.M.Salgaonkar
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4. The aforesaid reasons justify the withdrawal and I am
inclined to permit withdrawal of Rs.10,00,000/- at present.
The Tribunal shall permit withdrawal of an amount of
Rs.10,00,000/- out of the amount of Rs.16,49,045/- deposited
with it by the Insurance Company. The applicant shall submit
an undertaking before the Tribunal that he shall bring back
the amount, if the appeal of the Insurance Company is allowed.
On accepting such an affdavit-cum-undertaking, the amount
be permitted to be withdrawn.
5. The application stands disposed off.
FIRST APPEAL NO.219 OF 2022
6. Admit.
7. The learned counsel for the respondent waives service of
notice.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
