1 ca 8737.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 8737 OF 2024 IN FA/1222/2024 Mirza Samiullah Azmatulla Baig Versus The Divisional Manager, Sbi General Insurance Co.Ltd and others. ... Advocate for Appellant : Mr. Ghule Gangadhar P. Advocate for Respondents : Mr. S.S. Patil h/f R.H.Dahat … CORAM : S. G. CHAPALGAONKAR, J. Dated : February 07, 2025 ORDER :- 1. Heard learned advocates appearing for the respective parties. 2. The claimant is seeking permission to withdraw the amount in pursuance to the award passed by the Tribunal in MACP No.169 of 2019. The claimant suffered injuries in motor vehicular accident. He contends that insured car gave dash to his motorcycle. Consequently, he suffered injuries resulting into permanent disablement. Tribunal, upon assessment of the evidence on record, concluded that accident occurred due to fault on the part of car driver and also accepted claimants case that he suffered 15% permanent disablement. Consequently, passed an award directing the respondent to pay compensation of Rs.6,05,800/- to the claimants. 3. The appellant/insurer objects the award on the ground that evidence on record depicts negligence on the part of the 2025:BHC-AUG:3793 2 ca 8737.24.odt claimant. Consequently, assessment of the compensation is excessive and exorbitant. 4. Considering the grounds of appeal and reasoning as recorded by the Tribunal, it cannot be disputed that claimant suffered injuries in a motor vehicular accident and suffered permanent disablement. The issue as to quantum and negligence can be considered at the time of final disposal of the appeal. The Insurance company has deposited the amount of Rs.8,72,000/- in pursuance to the award. The claimant is certainty entitled for partial withdrawal of the amount. Hence, following order. Order i. Application is partly allowed. ii. The claimant is permitted to withdraw an amount of Rs.5.00 Lakh deposited by the insurance company alongwith accrued interest thereon. Rest of the amount be kept in fixed till disposal of the appeal. iii. Withdrawal shall be subject to an undertaking to the satisfaction of the Registrar (Judicial) of this Court, that, in case adverse order is passed, the amount shall be re-deposited. iv. CA stands disposed of. ( S. G. CHAPALGAONKAR, J. ) … aaa-