Allowed

Smt. Kunda Baliram More v. Maharashtra State Road Transport Corporation Thr. the General Manager and Anr.

Bombay HC9 May 2024IA/8555/2024

Case brief

AI extract

What is this about?

In a pending appeal against a motor accident compensation award, the injured applicant sought interim withdrawal of the deposited amount, having lost a leg and with no income. The court allowed withdrawal of 40% of the deposited amount with accrued interest on furnishing an undertaking.

What did the court decide?

Applicant permitted to withdraw 40% of deposited amount with accrued interest on usual undertaking; application disposed of.

Smt. Kunda Baliram More Vs Maharashtra State Road… — Motor Accident Claims | Bombay HC (2024)

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37-IA-8555-2024.doc

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Shubhada S Kadam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 8555 OF 2024 IN

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FIRST APPEAL (ST) NO. 3299 OF 2024

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Kunda Baliram More … Applicant In the matter of Maharashtra State Road Transport …. Appellant Corporation Thr. The General Manager & Anr. versus Kunda Baliram More …. Respondent

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Mr. Vasant N. More, Advocate for the Applicant.

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Mr. Manjeet Lotankar i/b. Mr. D. D. Rananaware, Advocate for the Appellant.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 9^th MAY, 2024.

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P.C. :

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Heard learned counsel for the applicant and learned counsel for appellant-Insurance Company.

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By this application, the applicant is seeking withdrawal of the amount. It is the contention of learned counsel for the applicant that due to accidental injuries, the right leg of the applicant is amputated. The applicant has no source of income, he needs the amount for his daily expenses. Hence, requested to allow the application.

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SHUBHADA SHANKAR KADAM

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Digitally signed by SHUBHADA SHANKAR KADAM Date: 2024.05.13 11:28:35 +0530

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Learned counsel for appellant - Insurance Company submitted that the Tribunal has awarded compensation on higher side without any evidence on record. Hence, requested to reject the application.

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1/2

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37-IA-8555-2024.doc

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Shubhada S Kadam

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I have heard both learned counsel. The right leg of the applicant has been amputated due to accidental injuries.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 :

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O R D E R

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The application is allowed.

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The applicant is permitted to withdraw 40% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking.

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The application is disposed of.

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(SHIVKUMAR DIGE, J.)

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Smt. Kunda Baliram More v. Maharashtra State Road Transport Corporation Thr. the General Manager and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Kunda Baliram More v. Maharashtra State Road Transport Corporation Thr. the General Manager and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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