In a civil application for withdrawal of compensation deposited with the Court, the High Court allowed the applicant to withdraw the remaining 50% upon furnishing a bank guarantee to satisfy the Tribunal.
Permission granted to withdraw remaining 50% compensation deposit with bank guarantee.
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973.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
973 CIVIL APPLICATION NO. 5884 OF 2017
IN FA/489/2015
RAMLAL NANDLAL JAIN (CHHORIYA)
VERSUS
THE ORIENTAL INSURANCE CO. LTD. AND OTHERS
...
Advocate for Applicant : Mr. Deshpande C.R.
Advocate for Respondent No. 1 : Mr. Siddharth S. Wagh
H/f Mr. A. S. Deshpande.
ORDER:
1. Heard learned counsel appearing for the
applicant and the learned counsel appearing for the
respondent/insurance company.
2. This is an application for withdrawal of amount
of compensation deposited by the respondent No. 1/
Insurance Company in this Court. Learned counsel for
the respondent No. 1 submits that, already the
claimant/applicant has withdrawn 50 % amount out of
total amount of compensation.
3. I have gone through the reasons recorded by the
Tribunal. It appears that the applicant/claimant was
incometax payee. In the accident one leg of the
claimant was amputated and another leg was injured. So
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973.odt
considering the facts, the learned Tribunal has
considered 100 functional disability of the applicant.
The applicant was having milk business and was earning
more than Rs. 3,00,000/ per month.
4. The learned counsel appearing for the applicant
submits that the applicant is ready to give bank
guarantee for the amount of compensation to be paid to
the claimant.
5. In view of the above, the application is
allowed. The applicant is permitted to withdraw the
remaining 50 % amount of compensation along with
interest on furnishing bank guarantee to the
satisfaction of the learned Tribunal.
6. The amount deposited by the insurance company in
this Court be transferred to the concerned Tribunal for
its payment.
7. Civil Application is disposed of.
mkd
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Ramlal Nandlal Jain (Chhoriya)
The Oriental Insurance Co. Ltd.
Unknown
As recorded by the court registry
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