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Bombay High Court

Mr. Raju Munilal Soni And Anr vs Reliance Generla Insurance Co. Ltd. ... on 28 January, 2021

Author: Prithviraj K. Chavan

Bench: Prithviraj K. Chavan

                                                         19.doc


Chitra Sonawane


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

          INTERIM APPLICATION (STAMP)NO. 1618 OF 2021
                              IN
                  FIRST APPEAL NO.554 OF 2017


Mr. Raju Munilal Soni                            ... Applicant.

In the matter between:
Reliance Gen. Insurance Co.
Ltd.                                             ... Appellant.
            Vs.
Mr. Raju Munilal Soni & Anr.                     ... Respondents.
                                     .....

Miss Sangeeta S. Salvi, Advocate for applicant.
Miss Dipika Prabhala, Advocate i/b Res Juris for respondents.
                                 .....

                            CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 28th JANUARY, 2021 P.C.

1. This is an application for withdrawal of 50% of balance amount with interest deposited by the appellant before the learned Commissioner for Worksmen Compensation, Thane. The claim arose out of an injury to the respondent/driver wherein he suffered fracture of femur (right), fracture of Humorous(left), and fracture of radius ulla bone. The medical Certificate and observations of the learned Commissioner reveals that the claimants suffered permanent partial disability to the extent of 35% and occupational disability to the extent of 100%. Earlier by an order dated 12 th July 2017 (Coram: G.S.Patel,J.) permitted the applicant to 1 of 2

19.doc withdraw 50% of amount without furnishing any security or Undertaking. Liberty was also granted to file fresh application for further withdrawal.

2. Learned Counsel for the appellant/insurer, however, objects that since 50% has already been withdrawn, further withdrawal may not be permitted since the appellant has good case on merits.

3. For the reasons stated in the application, at this stage, the applicant/claimant is permitted to withdraw 50% of balance amount of compensation. Balance of 50% shall be invested in Fixed Deposit in Nationalized Bank.

4. Civil Application stands disposed of.

                                     (PRITHVIRAJ K. CHAVAN, J.)


      Shailaja    Digitally signed
                  by Shailaja S.
      S.          Halkude
                  Date: 2021.01.29
      Halkude     17:56:52 +0530




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