Mr. Omkar Dattatray Tawade v. The Reliance General Insurance Co. Ltd.,
S.S.Kilaje 56A-IA-344-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 344 OF 2024 IN FIRST APPEAL NO. 401 OF 2021 Omkar Dattatray Tawade ... Applicant
IN THE MATTER BETWEEN :
The Reliance General Insurance Co. Ltd.
... Appellant
Versus
Omkar Dattatray Tawade and Anr.
...Respondents
......
Ms. Kavita Anchan i/b. Mr. Vishal A. Dhende, Advocate for the Applicant. Ms. Kalpana R. Trivedi, Advocate for Appellant. CORAM : SHIVKUMAR DIGE, J.
DATE : 16th JANUARY, 2024.
P.C. :
Digitally signed by SONALI SATISH KILAJE Date:
2024.02.12 19:18:16 +0530 SONALI SATISH KILAJE 1.
Heard learned counsel for the applicant.
2.
By this application, applicant is seeking withdrawal of amount. It is the contention of learned counsel for the applicant that applicant has suffered 90% disability. Due to accidental injuries, he has no source of income. He need the amount for daily expenses. Hence, requested to allow the application.
3.
Learned Counsel for the Appellant/ Insurance Company strongly objected to allow the application, as monthly income of the applicant is considered on higher side and on that basis compensation is awarded, hence requested to reject the application.
This order corrected/modified as per speaking to minutes of order dated 8th February, 2024. 1/2
S.S.Kilaje 56A-IA-344-2024.doc 4.
I have heard both the learned Counsel. The applicant has suffered 90% disability. Due to accidental injuries he has no source of income. He need the amount for daily expenses. The grounds raised by the appellant/Insurance Company can be considered at the time of final hearing of the appeal. Hence, Considering this fact, I pass following order :
O R D E R
(i) The application is allowed.
(ii) The applicant is permitted to withdraw 50% amount, out of the deposited amount of Rs.
18,87,105/- along with proportionate interest accrued thereon on furnishing usual undertaking.
5.
The interim application is disposed off.
(SHIVKUMAR DIGE, J.) This order corrected/modified as per speaking to minutes of order dated 8th February, 2024. 2/2