Rohit Jayaraj Menon v. Reliance General Insurance Co.Ltd., Mumbai And ANR.

Gayatri Shimpi 37-IA-7679-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 7697 OF 2024 IN FIRST APPEAL (ST) NO. 12281 OF 2023 Rohit Jayaraj Menon ....Applicant In the matter between Reliance General Insurance Co. Ltd ....Appellant

Versus

Rohit Jayaraj Menon and Anr.

....Respondents ----- Ms. Varsha Chavan, Advocate for the Applicant and Advocate for the Respondent No. 1.

Mr. Akshay Kulkarni, Advocate for the Appellant/Insurance Co. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 19th APRIL, 2024.

P.C. :

1.

By this Application, Applicant is seeking withdrawal of the amount .

2.

It is contention of the learned counsel for the Applicant that due to accidental injuries, the Applicant has suffered 76% permanent by GAYATRI RAJENDRA SHIMPI Date:

2024.04.24 13:51:02 +0530 GAYATRI RAJENDRA SHIMPI physical disability. Applicant has no source of income, he needs the 1/2

Gayatri Shimpi 37-IA-7679-2024.doc amount for his 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 at the time of accident, the driver of offending vehicle was not holding effective and valid driving licence. It was proved before the Tribunal in spite of that the Tribunal has passed pay and recovery order, which is erroneous. Hence requested to reject the Application.

4.

I have heard both the learned counsel.

5.

Applicant has suffered 76% permanent physical disability. He has no source of income. He needs the amount for his daily expenses. The issued raised by learned counsel for Respondent/Insurance Company can be considered at the time of final hearing of the Appeal and, I pass by following order.

ORDER

(i) Application is allowed.

(ii) The Applicant is permitted to withdraw 50% amount out of deposit amount along with accrued interest thereon, on furnishing undertaking.

The Application stands disposed off.

(SHIVKUMAR DIGE, J.) 2/2