Vishal Bhaskar Koli v. Amol Bajrang Agrwal

Shubhada S Kadam 55-ia-13516-2023-fa-634-2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13516 OF 2023 IN FIRST APPEAL NO. 634 OF 2022 Vishal Bhaskar Koli ....Applicant In the matter of Reliance General Insurance Co. Ltd.

...Appellant

Versus

Vishal Bhaskar Koli and ors.

....Respondents Mr. Rajan S. Pawar, Advocate for Applicant.

Ms. Kalpana R. Trivedi, Advocate for the Appellant. Mr. Rahul Mehta i/b. KMC Legal Venture for Respondent No.3. CORAM : SHIVKUMAR DIGE, J.

DATE : 19th DECEMBER, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for appellant- Insurance Company.

2.

Learned counsel for the applicant submitted that applicant has suffered 30% permanent disability in the accident, he has no source of income, he requires the amount for daily expenses and medication. Hence, requested to allow the application.

3.

It is the contention of learned counsel for respondentInsurance Company that the cheque which was given as a premium of insurance policy has been dishonoured but this fact is not considered by the Tribunal. Hence, requested to reject the application. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.12.21 17:02:27 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 55-ia-13516-2023-fa-634-2022 4.

I have heard both learned counsel. The applicant has suffered 30% disability in the accident. He has no source of income. He needs the amount for daily expenses and medication. Hence, I pass following order :

O R D E R

1.

Application is allowed.

2.

The applicant is permitted to withdraw 25% amount along with accrued interest thereon, out of the deposited amount, on furnishing usual undertaking.

The application stands disposed off.

(SHIVKUMAR DIGE, J.) 2/2