The Divsional Manager, The New India ... vs Ganesh Baban Wagh And Others
2024 Latest Caselaw 6764 Bom

Bombay High Court

The Divsional Manager, The New India ... vs Ganesh Baban Wagh And Others on 1 March, 2024

                            1               933-CA.2371-24 & ors.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

            933 CIVIL APPLICATION NO.2371 OF 2024
     IN FA/4351/2023 WITH CIVIL APPLICATION NO.14235 OF
                     2023 IN FA/4351/2023
                  GANESH BABAN WAGH
                        VERSUS
           SHANTILAL MANKLAL BAINADE AND ORS

                             .....
       Advocate for Applicant : Mr. Amol P. Khedkar.
 Advocate for respective Respondent/s : Mr. Dinesh Daud h/f
                      Mr. Manoj Shinde.
                             .....

                          CORAM :      S. G. MEHARE, J.
                          DATE :       01.03.2024

PER COURT :-


1.      Heard the respective learned counsels.

2.      The judgment and award of the Tribunal has been

impugned on the ground of non appreciating the negligence

and the quantum.

3.      Learned counsel for the applicant submits that the

applicant has suffered 85% of the disability. He is expending a

huge amount on his health since 2017. He could not do any

work. The applicant is a young man of around 26 to 27 years.

4.      Perused the impugned judgment and award. There

appears good grounds to allow the applicant to withdraw the

amount. Hence, the following order :
                                   2                 933-CA.2371-24 & ors.odt



                                  ORDER

(i) The application is partly allowed.

(ii) The applicant is allowed to withdraw Rs.45,00,000/- (Rupees Forty Five Lacs) out of the amount deposited with this Court with accrued interest on the undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) Out of Rs.45,00,000/- (Rupees Forty Five Lacs), Rs.30,00,000/- (Rupees Thirty Five Lacs) be deposited in fixed deposit in any of the Nationalized Bank of his choice for five (5) years with a right to receive the interest accrued at quarterly rest.

(iv) Club First Appeal No.4366 of 2023 with this first appeal.

(S. G. MEHARE, J.)

...

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