Smt. Radha Parmanand Lalwani v. Bajaj Allianz General Insurance Company Limited

DSS 45-ca-3440-15 and caf-2788-16 in fa-1696-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3440 OF 2015 IN FIRST APPEAL NO. 1696 OF 2016 Bajaj Allianz General Insurance Company Limited .. Applicant vs.

Smt. Radha P. Lalwani and ors.

.. Respondents With CIVIL APPLICATION NO. 2788 OF 2016 IN FIRST APPEAL NO. 1696 OF 2016 Smt. Radha P. Lalwani .. Applicant In the matter between Bajaj Allianz General Insurance Company Limited .. Applicant vs.

Smt. Radha P. Lalwani and ors.

.. Respondents Ms Yogita Deshmukh i/b M.M. Sathaye for the Applicant-Bajaj Allianz General Insurance Company Limited.

Mr Rohit Joshi i/b Milind Panvelkar for Respondent Nos.1 to 3 in CA-3440-15 and for Applicant-Smt. Radha P. Lalwani in CA-2788-16. CORAM :

M. S. SONAK, J.

DATE : 10 JANUARY 2017.

P.C. :- 1] Heard learned counsel for the parties.

2] There shall be interim relief restraining the execution of the impugned award. This is because the applicant-Insurance Company has deposited before the MACT Kalyan, the entire awarded amount alongwith interest and costs. Out of such deposited amount, an amount of Rs.2.5 lakhs may be granted to Smt. Radha Lalwani, the widow of the person, who has died in the accident. Accordingly, 1/2

DSS 45-ca-3440-15 and caf-2788-16 in fa-1696-16 Smt. Radha Lalwani is permitted to withdraw an amount of Rs.2.5 lakhs from the concerned MACT without furnish of any security. It is pointed out that Smt. Radha Lalwani, apart from being aged 76 years, requires the amount to take care of her medical needs. 3] Accordingly, the civil application for stay and withdrawal are disposed of accordingly.

(M. S. SONAK, J.) dinesh 2/2