Bajaj Allianz General Insurance Company Ltd., Mumbai v. Subhash Namdev Hiwale And ANR.

9 Ia-11741-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11741 OF 2024 IN CIVIL FIRST APPEAL NO. 1098 OF 2024 Subhash Namdev Hiwale And Anr.

...Applicants vs.

Bajaj Allianz General Insurance Company Ltd.

...Respondent

***** Mr. Amol Gatne i/by Mrs. Swati Uday Mehta Advocate for the Applicants Mr. Sarthak S. Diwan Advocate for the Appellant/Respondent ***** CORAM :

S. M. MODAK, J.

DATE :

20th AUGUST 2024 P. C. :- 1.

Heard learned Advocate for the Appellant-Insurance Company and learned Advocate for the Respondent-Insurance Claimant. 2.

Plea was taken before tribunal about absence of valid license by the driver, who is an employee of the Transport Company. Though some evidence was given, it was discarded. The relevant observations find place in para nos. 21 and 23 of the impugned judgment. At the Seema 1/2

9 Ia-11741-2024.doc most, the Appellant may pray for pay and recovery order. There is one more ground taken i.e. ground no. 4 about income. 3.

In view of that the claimant can be permitted to withdraw 80%. Hence, the Order:-

ORDER

(i) The Applicant-Respondent No. 1 is permitted to withdraw 80% of the deposited amount alongwith accrued interest on furnishing a usual undertaking.

(ii) Interim application No. 11741 of 2024 is disposed of. 4.

Appeal be kept on 24th September 2024.

5.

Let Appellant to verify about service on Respondent No. 2Transport Company and if not effected, private notice be issued with affidavit of compliance be filed.

[S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 23/08/2024 13:08:44