1 ca 12801.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 68 CIVIL APPLICATION NO. 12801 OF 2024 IN FAST/30832/2024 The Oriental Insurance Company Limited VERSUS Haridas Gopichand Patil And Ors ... Advocate for Applicant : Mr. A.S. Deshpande h/f A.R. Puranik Advocate for Respondent 1 : Mr. Umesh Mitkari h/f M.S. Kulkarni ... WITH CIVIL APPLICATION NO. 3234 OF 2025 IN FAST/30832/2024 Haridas Gopichand Patil Versus The Oriental Insurance Company Limited and others … Mr. Umesh Mitkari h/f M.S. Kulkarni advocate for applicants. Advocate for respondent 1 : Mr. A.S. Deshpande h/f A.R. Puranik ... CORAM : S. G. CHAPALGAONKAR, J. Dated : March 25, 2025 ORDER :- Delay application :- 1. Re-issue notice to respondent nos.2 and 3 on same address, returnable four weeks. 2. Humdast permitted. CA for withdrawal of the amount :- 3. Heard learned advocates appearing for the respective parties. 2 ca 12801.24.odt 4. The applicant/original claimant seeks permission to withdraw the amount as deposited by the Respondent/insurer in pursuance to the award dated 2.8.2022 passed in MACP no.376 of 2012. Applicant is original claimant. He suffered injuries on account of motor vehicular accident. He approached the Tribunal for compensation under the provisions of the Motor Vehicles Act. Respondent/insurer contested claim, however, Tribunal, after evaluation of the evidence, passed an award directing the respondent nos.1 to 3 to jointly and severally pay compensation of Rs.2,71,700/- alongwith interest @ 8% p.a. 5. The respondent/insurer assails the aforesaid award mainly on the ground of breach of the policy. Upon consideration of the grounds of appeal and reasons as adopted by the Tribunal, the applicant/claimant is certainly entitled for partial withdrawal of the amount. 6. In the result, application is partly allowed. The applicant is permitted to withdraw 70% of the compensation amount as deposited by the respondent/insurer on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court that he shall redeposit the amount, if adverse order is passed in appeal. CA stands disposed of. ( S. G. CHAPALGAONKAR, J. ) … aaa-