Bajaj Allianz General Insurance Company Ltd., Throuh Divisional Managerial v. Vimal Dnyaneshwar Pawar And ORS.

S.S.Kilaje 504-FA-104-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 104 OF 2023 Bajaj Allianz General Insurance Company Ltd.

... Appellant

Versus

Vimal Dnyaneshwar Pawar and Ors.

...Respondents

Mr. Sarthak Diwan, Advocate for the Appellant. Mr. Yogesh Pande, Advocate for Respondent Nos. 1 and 2. CORAM : SHIVKUMAR DIGE, J.

DATE : 22nd MARCH, 2024.

P.C. :

1.

Heard learned counsel for the appellant.

2.

Learned counsel for the appellant seeks leave to withdraw the appeal.

3.

Considering the request of learned counsel for the appellant, appeal is allowed to be withdrawn.

4.

Dismissed and disposed off.

5.

Learned counsel for the appellant submits that the Tribunal has fixed 50% liability on the appellant and 50% liability on the respondent No.5 - Insurance Company. However, mistakenly appellant has deposited entire award amount along with accrued interest thereon. Hence appellant be permitted to withdraw 50% amount along with proportionate interest.

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S.S.Kilaje 504-FA-104-2023.doc 6.

Since the claimants have already withdrawn the entire amount, the appellant is entitled to withdraw 50% extra amount lying with the Tribunal.

7.

Statutory amount along with accrued interest be transferred to the Tribunal.

8.

Refund of Court fees as per rules.

(SHIVKUMAR DIGE, J.) by SONALI SATISH KILAJE Date:

2024.04.02 10:12:30 +0530 SONALI SATISH KILAJE 2/2