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Bombay High Court

Kantaram Kusha Paradhi vs Hdfc Ergo General Insurance Company ... on 8 August, 2024

Author: N.R. Borkar

Bench: N. R. Borkar

2024:BHC-AS:31950

                                                                                              40-ia-11154-24 in fast-12397-24.doc
            Digitally
            signed by
            DINESH
   DINESH   SADANAND
   SADANAND SHERLA
   SHERLA   Date:
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            2024.08.10
            12:43:30
            +0530
                                        CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 11154 OF 2024
                                                     IN
                                   FIRST APPEAL (ST) NO. 12397 OF 2024
                          Kantaram K. Paradhi                       ...Applicant
                               Versus
                          1.   HDFC ERGO General Insurance
                               Company Ltd.
                          2.   Tushar S. Thorat                     ...Respondents

                          In the matter of First Appeal (ST) No. 12397 of 2024
                          HDFC ERGO General Insurance
                          Company Ltd.                            ...Appellant
                               Versus
                          Kantaram K. Paradhi & anr.              ...Respondents.

                          Ms Rina Kundu for the Applicant-Kantaram Paradhi.
                          Mr.Sarthak S. Diwan for the Appellant - HDFC ERGO General
                          Insurance Co.

                                                          CORAM        :       N. R. BORKAR, J.
                                                          DATE         :       08.08.2024.
                          PC:-

                          1.       This           application    is        filed      by        the        original

claimant/respondent No.1 in the First Appeal (St) No. 12397 of 2024 for withdrawal of the amount of compensation deposited by appellant-HDFC ERGO General Insurance Co. (Insurance Company) pursuant to the impugned judgement and award dated 07.12.2023 passed by the Motor Accident Claim Tribunal, Mumbai in Motor Accident Claim Petition No. 191 of 2014.

2. I have heard the learned counsel for the claimant/ respondent No.1 and the learned counsel for the Dinesh S. Sherla 1/2 ::: Uploaded on - 10/08/2024 ::: Downloaded on - 22/08/2024 03:25:12 ::: 40-ia-11154-24 in fast-12397-24.doc appellant- InsuranceCompany.

3. The learned counsel for the claimant/respondent No.1 submits that due to accidental injuries, respondent No.1 was in hospital for 35 days and had incurred expenses of Rs.6 lakhs.

4. Considering the facts and circumstance, it would be appropriate to permit the claimant /respondent No.1 to withdraw 50% of awarded amount of compensation.

5. The Tribunal shall permit the claimant/respondent No.1 to withdraw 50% of the awarded amount, subject to filing of usual Undertaking by him before the Tribunal.

6. Needless to mention that the Tribunal shall invest the balance amount of compensation in F.D.R. in any nationalised bank.

7. Interim Application is disposed of in the aforesaid terms. No costs.

(N.R. BORKAR, J.) Dinesh S. Sherla 2/2 ::: Uploaded on - 10/08/2024 ::: Downloaded on - 22/08/2024 03:25:12 :::