Master Shubham Ramavadh Gupta (Minor) Through The Father And Next Friend Ramavadh Gupta v. Reliance General Insurance Company Limited

9-1-IA-17614-22 IN FA-133-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17614 OF 2022 IN FIRST APPEAL NO. 133 OF 2023 Master Shubham Ramavadh Gupta Thr. The Father & Next Friend Ramavadh Gupta & Ors.

....Applicant V/s.

by NILAM SANTOSH KAMBLE Date: 2024.02.03 13:11:53 +0530 Reliance General Insurance Co. Ltd.

....Respondent ---- Mr.Pandit Kasar, for the Applicant.

Mr.T.J. Mendon, for the Respondent.

NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 31st JANUARY 2024 P.C:- .

Heard learned counsel for the Applicant.

2.

The learned counsel for the Applicant submit that, the Applicant has suffered 42% permanent physical disability. Due to injuries the Applicant is unable to do any work. He has no source of income. He needs the amount for daily expenses. Hence, requested to allow the Application.

N.S. Kamble page 1 of 2

9-1-IA-17614-22 IN FA-133-23.doc 3.

The learned counsel for the Respondent has objected to allow the Application on the ground that, the fake Insurance Policy was produced before the Tribunal and it was objected before the Tribunal but the Tribunal has not considered this fact. Hence, requested to dismiss the Application.

4.

I have heard the learned counsel for the Applicant. 5.

The Applicant has suffered 42% permanent physical disability. He has no source of income. The Applicant needs the amount for daily expenses. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 20% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2