Kumar Anil Lalji Gajra @ Bhanushali And ANR. v. Bajaj Allianz General Insurance Company Limited, Thane And ORS.

Shubhada S Kadam 44-ia-7655-2024-FAST-2536-2014(withdrawal).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7655 OF 2024 IN FIRST APPEAL STAMP NO. 2536 OF 2024 Anil Lalji Gajra @ Bhanushali and anr.

.... Applicants In the matter of Bajaj Allianz General Insurance Company, Thane. ... Appellant versus Anil Lalji Gajra and ors.

.... Respondents Ms. Rina Kundu, Advocate for the Applicants/Respondent Nos.1 and 2. Mr. Pandit Kasar, Advocate for the Applicant/Appellant. Ms. Poonam Mital, Advocate for Respondent No.5. CORAM : SHIVKUMAR DIGE, J.

DATE : 15th APRIL, 2024.

P.C. :

1.

Heard learned counsel for the applicants, learned counsel for appellant-Insurance Company and learned counsel for respondent No.5. 2.

By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submitted that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their 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 there was hit and run Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.04.16 12:29:24 +0530 case. The issue of involvement of the offending vehicle was before the SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 44-ia-7655-2024-FAST-2536-2014(withdrawal).doc Tribunal but it was not considered, hence, requested to reject the application.

4.

I have heard all learned counsel. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. The issue raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

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

The application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2