Allowed

Prakash Balaji Gajbhare v. Reliance General Insurance Company, Thr Its Manager, Aurangabad and Anr.

Bombay HC6 Dec 2017CA/14414/2017

Case brief

AI extract

What is this about?

High Court permitted an applicant to withdraw the entire compensation amount deposited by an insurance company in a motor accident case, contingent on an undertaking to re-deposit funds within 12 weeks if an appeal fails.

What did the court decide?

Applicant permitted to withdraw entire amount of compensation deposited in court with interest upon undertaking to re-deposit within 12 weeks of adverse appeal order.

Prakash Balaji Gajbhare Vs Reliance General Insurance… — Consumer Protection | Bombay HC (2017)

¶1

¶2

ca14414.17

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

¶4

CIVIL APPLICATION NO. 14414 OF 2017
IN FAST/6950/2017 WITH CA/5882/2017 IN
FAST/6950/2017

¶5

PRAKASH BALAJI GAJBHARE
VERSUS

¶6

RELIANCE GENERAL INSURANCE COMPANY, THR ITS
MANAGER, AURANGABAD AND ANR

¶7

...

¶8

Advocate for Applicant : Mr. R.M.Jade, adv. h/f
Mr. Suryawanshi Govind G.

¶9

Advocate for Respondent no.1 : Mr. R. H. Dahat
.....

¶10

CORAM : K.L.WADANE, J. DATED : 6th December, 2017

¶11

O R D E R :

¶12

This is an application for withdrawal of the

¶13

amount of compensation deposited by the insurance
company – respondent no.1 in this Court.

¶14

2.According to the applicant, the applicant
sustained ten per cent permanent disability in the
motor vehicle accident and the amount of compensation
granted by the learned Tribunal is just and proper.
Therefore, the amount deposited by the insurance
company can be paid to the applicant.

¶15

2ca14414.17

¶16

3.Learned counsel appearing for the insurance
company has opposed the withdrawal of the amount of
compensation.

¶17

4.I have gone through the reasons recorded by
the learned Tribunal while awarding the amount of
compensation.

¶18

5.In view of above, the amount deposited by the
insurance company can be permitted to be withdrawn by
the applicant, on an undertaking that in case adverse
orders are passed against him in the appeal, then he
will re-deposit the said amount in this court within a
period of 12 weeks from the date of the order passed by
this Court in appeal.

¶19

6.Hence, in view of above, the applicant is
permitted to withdraw entire amount of compensation
together with interest deposited in this Court by
respondent no.1.

¶20

7.Civil Application is disposed of.

¶21

 (K.L.WADANE, J.)
dbm

Prakash Balaji Gajbhare v. Reliance General Insurance Company, Thr Its Manager, Aurangabad and Anr.

Case brief

What is this about?

What did the court decide?

Prakash Balaji Gajbhare v. Reliance General Insurance Company, Thr Its Manager, Aurangabad and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kailas Dnyandev Shekade Vs Pradeep Baban Survekar and Others

The State of Maharashtra and Another Vs Ibrahim Nazir Kotwal

The State of Maharashtra and Another Vs Sarabi Husainsab Mulla Died Lrs Ajij Died Lrs Yusuf and Another

The New India Assurance Company Ltd. Thr Its Authorized Official and Div. Manager, Aurangabad Vs Shaikh Yunus Shaikh Kasam and Ors.

The New India Assurance Company Ltd. Thr Its Authorized Official and Div. Manager, Aurangabad Vs Shakir Rashid Shaikh and Ors.

Suryabhan Rustum Nimone Vs the State of Maharashtra and Anr.