Reliance General Insurance Co. Ltd., Nagpur Branch Thr. Executive Legal, Mumbai v. Pankaj Manohar Gadhwale And Others

1 17caf2046.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2046 OF 2025 IN CIVIL APPLICATION NO. 105 OF 2025 IN FIRST APPEAL NO. 843 OF 2025 (Reliance General Insurance Co. Ltd. vs. Pankaj Manoharrao Gadhawale and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - Mr. D.N. Kukde, Advocate for appellant.

Mr. Vivek Awchat, Advocate for respondent No. 1/applicant. Mr. Dapurkar, Advocate for respondent No. 3.

CORAM : ABHAY J. MANTRI, J.

DATED : 18-06-2025 Heard.

2.

The applicant/respondent No.1 has moved this application for permitting him to withdraw the compensation amount along with interest deposited by the appellant in this Court on 09.04.2025.

3.

The learned counsel for the appellant has no objection to the disbursement of 50% of the amount along with interest accrued thereon on the usual undertaking. However, considering the facts that the claimant has suffered grievous injury and his right leg is amputated, as well as the fact that the Insurance Company has not led any evidence in support of its defence before the learned Tribunal, I am not inclined to accept the submissions of the learned counsel for the appellant in that regard. However, I am of the view that it would be proper to grant 80% of the amount along with accrued interest thereon to the applicant. Thus, the application is partly allowed, accordingly. The applicant is permitted to withdraw 80% of the compensation amount, along with accrued interest

2 17caf2046.2025..odt thereon up to this date.

5.

Accordingly, the amount shall be transferred into the applicant's bank account through NEFT/RTGS within three weeks upon the applicant furnishing his bank account details. The application stands disposed of.

FIRST APPEAL NO. 843 OF 2025 Heard.

2.

Call record and proceedings.

3.

List the matter after six weeks.

(ABHAY J. MANTRI, J.) Belkhede