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2025 DAILYLAW 11491 (BOM)

GOPAL RAMESHWAR PAWAR v. CHOLMADALAM MS GENERAL INSRUANCE CO LTD THROUGH ITS BRANCH MANAGER AND ANR

CA/2709/2025 · 2025-05-08

Shri S G Chapalgaonkar

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Judgment text

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{1} 9 sr.no..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2709 OF 2025 IN FA/600/2025 Gopal Rameshwar Pawar ….Applicant VERSUS Cholmadalam Ms General Insruance Co Ltd Through Its Branch Manager And Anr …..Respondent ….. Advocate for Applicant : Mr. Manoj Dharmaraj Shinde CORAM : S.G. CHAPALGAONKAR, J. DATE : 8th MAY, 2025. P.C. :- 1. The applicant/original claimant is seeking permission to withdraw the amount deposited by the respondent insurance company in pursuance to award passed by Motor Accidents Claim Tribunal. 2. Undisputedly, the claimant suffered injuries in the motor vehicular accident and consequential permanent disablement. The Tribunal, after evaluation of evidence, awarded compensation of Rs. 4,59,052/- alongwith interest @ 6% p.a. from the date of filing claim petition. 3. The insurer of offending vehicle filed present appeal assailing the award on the ground that compensation towards medical expenses could not have been awarded more than Rs. 15,000/- as prescribed under Schedule II of Section 166 of the Motor Vehicles Act. 4. Prima facie, there appears substance in contention of the Insurance Company, however, so far as compensation granted towards 2025:BHC-AUG:14316 {2} 9 sr.no..odt future loss of earning and other heads, there is no dispute. In that view of the matter, at present, the applicant may be permitted to withdraw an amount Rs. 2,00,000/- (Rupees Two Lakhs only) from the amount of compensation deposited by the insurer. In the result, the following order :- ORDER [I] The application is partly allowed. The applicant/claimant is permitted to withdraw Rs. 2 Lakhs, subject to furnishing an undertaking to the satisfaction of Registrar (Judicial) of this court, that in case any adverse order is passed, he shall redeposit the amount. Such undertaking be filed within eight weeks from today. [ii] Rest of the amount be deposited in Fixed Deposit, with renewal clause, till disposal of appeal. [iii] Civil application is disposed of. [S.G. CHAPALGAONKAR, J.] grt/-