Shri Rohidas Ambadas Chavan And ANR v. Bajaj Alliance Insurance Co. Ltd.

Shantanu Dhudum 27-19299-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 19299 OF 2022 IN FIRST APPEAL NO. 157 OF 2015 Rohidas Ambadas Chavan ....Applicant

IN THE MATTER BETWEEN

Bajaj Alliance Insurance Co. Ltd.

....Appellant

Versus

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.03.06 10:28:00 +0530 SHANTANU SHANKARSA DHUDUM Rohidas Ambadas Chavan & Anr.

....Respondents ----- Mr. Shrishailya S. Deshmukh, Advocate for the Applicant. Ms. Yogita Deshmukh, Advocate for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 4th MARCH, 2024.

P.C. :

1.

It is contention of learned counsel for the Applicant that Applicant has suffered 65% permanent physical disability due to accidental injuries. Applicant has no source of income. He needs the amount for the daily expenses. Due to accidental injuries, he is unable to do any work. Hence, requested to allow the Application. 1/2

Shantanu Dhudum 27-19299-2022.doc 2.

It is contention of learned counsel for the Respondent/Insurance Company that the Tribunal has considered income of the Claimant on higher side. This fact is challenged by the Respondent before this Court. Hence, requested to reject the Application.

3.

I have heard both learned counsel. Applicant has suffered 65% permanent physical disability due to accidental injuries. Applicants has no source of income. He needs the amount for the daily expenses. Due to accidental injuries, he is unable to do any work. The issue raised by the learned counsel for the Respondent/Insurance Company can be considered at the time of the final hearing of the Appeal hence, I pass following order.

ORDER

i. Application is allowed.

ii. Applicant is permitted to withdraw 50% amount out of deposited amount along with accrued interest thereon, on furnishing undertaking.

Application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2