Smt.Rashila Sitaram Gimbhal And ANR. v. Hdfc Ergo General Insurance Company Limited.

Shantanu Dhudum 52-IA-8174-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.05.03 11:12:43 +0530 INTERIM APPLICATION NO. 8174 OF 2024 SHANTANU SHANKARSA DHUDUM IN FIRST APPEAL NO. 133 OF 2024 Rashila Sitaram Gimbhal ....Applicant

IN THE MATTER BETWEEN

HDFC ERGO General Insurance Co. Ltd.

....Appellant

Versus

Rashila Sitaram Gimbhal & Anr.

....Respondents ----- Ms. Neha Deshmukh i/b Mr. Shirshak Chavanke, Advocate for the Applicant/Respondents.

Ms. Sweta Shah a/w Mr. Gaurav Sahane, Advocate for the Appellant/Insurance Company.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 30th APRIL, 2024.

P.C. :

1.

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

2.

It is contention of learned counsel for the Applicant that due to accidental injuries Applicant has suffered 12% permanent physical disability. Applicant needs the amount for daily expenses and 1/2

Shantanu Dhudum 52-IA-8174-2024.doc medical treatment. Hence, requested to allow the Application. 3.

Learned counsel for the Appellant/Insurance Company submits that Applicant was pillion rider of motorcycle and there were four pillion rider on the motorcycle. There was contributory negligence of the Applicant in the said accident. Hence, requested to reject the Application.

4.

I have heard both learned counsel.

5.

Applicant has suffered 12% permanent physical disability in the accident. He needs the amount for daily expenses and medical treatment. The issue raised by the learned counsel for the Appellant/Insurance Company can be considered at the time of final hearing of the Appeal and, I pass following order;

ORDER

i. Application is allowed.

ii. The Applicants is permitted to withdraw 30% amount out of deposited amount along with accrued interest thereon, on furnishing undertaking.

.

The application, stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2