Shubhada S Kadam 58-ia-13354-2024-fa-357-2024 (withdrawal).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13354 of 2024 in FIRST APPEAL NO. 357 of 2024 Dineshkumar Mishrilal Vaishnav … Applicant In the matter of The National Insurance Co. Ltd. … Appellant versus Dineshkumar Mishrilal Vaishnav and ors. …. Respondents Mr. Avesh Ghadge i/b. Mr. Akshay Kulkarni, Advocate for the Applicant/Respondent No.1. Ms.Shalini Shankar, Advocate for the Appellant-Insurance Company. CORAM : SHIVKUMAR DIGE, J. DATE : 13th JANUARY, 2025. P.C. : 1. Heard learned counsel for the applicant and learned counsel for appellant-Insurance Company. 2. Learned counsel for the applicant submits that due to accidental injury, the applicant has suffered 30% permanent disability. The applicant has no source of income, he needs the amount for daily expenses. Hence, requested to allow the application. 3. Learned counsel for appellant - Insurance Company strongly objected to allow the application on the ground that the disability of the applicant is not properly proved before the Tribunal. The Tribunal has 1/2 SHUBHADA SHANKAR KADAM Digitally signed by SHUBHADA SHANKAR KADAM Date: 2025.01.14 10:59:22 +0530 Shubhada S Kadam 58-ia-13354-2024-fa-357-2024 (withdrawal).doc awarded compensation on higher side. Hence, requested to reject the application. 4. I have heard both learned counsel. Due to accidental injuries, the applicant has suffered 30% permanent physical disability. The applicant has no source of income, he needs the amount for his daily expenses. The grounds raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order : O R D E R 1. The application is allowed. 2. The applicant is permitted to withdraw 25% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking. The application is disposed of. (SHIVKUMAR DIGE, J.) 2/2