The Bajaj Allianz General Insurance Company Ltd. Pune Through Akola Ofice v. Smt. Aruna W/O Suresh Indane And 2 Others

1 49.caf.3575.2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 3575 OF 2023 IN FIRST APPEAL NO.289 OF 2020 (D) Bajaj Allianz General Insurance Co. Ltd.

..vs..

Aruna w/o Suresh Indane and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Alpana Ingolikar, Advocate h/f Mrs M. Naik, Advocate for the appellant.

Shri S.D. Chopde, Advocate for the respondent nos. 1 and 2. CORAM: SANDIPKUMAR C. MORE, J.

DATE : 14/01/2025.

Heard the learned Counsel for the respondent nos. 1 and 2, who are the Original Claimants as well as the appellant/Insurance Company.

2.

The application is filed for withdrawal of amount of interest on the amount of compensation by respondent no.1/Claimant.

3.

Admittedly, the appeal filed by the Insurance Company is dismissed on merit. Moreover, the learned Counsel for the appellant/Insurance Company is also not having any objection for withdrawal amount of interest by respondent no.1/Claimant. The record shows that this Court while dismissing the appeal, had granted liberty to respondent nos.1 and 2 for withdrawal of amount of compensation, which was subsequently withdrawn by them.

4.

Further, the respondent nos.1 and 2 have also filed an application for withdrawal of interest on the amount of aforesaid compensation and the same was

2 49.caf.3575.2023 allowed. However, during the meantime, respondent no. 2 Suresh Diwakar Indane i.e father of the deceased died on 16.09.2023 as per the certificate annexed. Therefore, respondent no.1 is the only person, who is entitled to receive the interest on the amount of compensation. 5.

As such, the application is allowed and the respondent no.1/Claimant is permitted to withdraw the amount of interest on the compensation amount accrued thereon till date.

6.

The application stands disposed of.

(SANDIPKUMAR C. MORE , J.

) Trupti