Rauji Ulhas Kakodkar v. Bajaj Allianz General Insurance Co. Ltd.

26--MCA-268-21.DOC vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

MISC. CIVIL APPLICATION NO.268 OF 2021 IN FIRST APPEAL NO.121 OF 2015 RAUJI ULHAS KAKODKAR ... Applicant.

VS BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD .... Respondent.

Mr. S. Redkar, Advocate for the applicant.

Mr. P. Shirodkar, Advocate for the respondent.

CORAM:

MANISH PITALE, J.

DATED:

8th December, 2021.

P.C.:

1.

This is an application seeking permission for withdrawal of ₹5,00,000/- from the amount deposited by the original appellant/insurance company in this Court. The total amount of compensation awarded by the Tribunal was ₹15,56,330/- with interest at the rate of 9% per annum. It is an admitted position that the applicant has already withdrawn ₹8,00,000/- from the amount deposited by the original appellant.

2.

It is stated in the application that the amount sought to be withdrawn is to be utilized for marriage of the applicant scheduled in the last week of December, 2021. Although the learned counsel for the appellant/insurance company has

26--MCA-268-21.DOC opposed the present application on the ground that substantial amount has already been withdrawn this Court is of the opinion that in the interest of justice,the application deserves to be partly allowed.

3.

Accordingly, the application is partly allowed. The applicant is permitted to withdraw further amount of ₹2,00,000/- from the amount deposited by the appellant/insurance company in this Court. The applicant shall furnish an undertaking before this Court that the withdrawal of the said amount shall be subject to the result of the appeal and he shall abide by the directions that may be given by this Court while finally disposing of this appeal. 4.

Application stands disposed of.

MANISH PITALE,J.

Date: 2021.12.09 10:23:11 +05'30'

VINITA VIKAS NAIK