Rajesh Ramkrushna Kambli v. Oriental Insurance Company Limited, Mumbai

Shubhada S Kadam 12 ia-7067-2024-fa-1307-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7067 OF 2024 IN FIRST APPEAL NO. 1307 OF 2023 Rajesh Ramkrushna Kambli ... Applicant In the matter of :

Oriental Insurance Company Limited ... Appellant versus Rajesh Ramkrushna Kambli and anr.

.... Respondents Mr. Deepak S. Kilaje, Advocate for Applicant/Respondent No.1. Ms. S. S. Dwivedi, Advocate for the Appellant. CORAM : SHIVKUMAR DIGE, J.

DATE : 26th MARCH, 2024.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for the appellant-Insurance Company.

2.

Learned counsel for the applicant submitted that the applicant has suffered 65% permanent disability. Because of the disability, the applicant is not able to do any work. The applicant has no source of income, he needs the amount for his daily expenses. Hence, requested to allow the application.

3.

Learned counsel for appellant- Insurance Company submitted SHUBHADA SHANKAR KADAM that, at the time of the accident, the driver of the offending vehicle was SHUBHADA SHANKAR KADAM Date: 2024.03.27 10:03:33 +0530 1/2

Shubhada S Kadam 12 ia-7067-2024-fa-1307-2023.doc carrying driving license of two-wheeler motorcycle, whereas he was driving four-wheeler but this fact is not considered by the Tribunal. Hence, requested to reject the application.

4.

I have heard both learned counsel. The applicant has suffered 65% permanent disability. Because of the disability, the applicant is not able to do any work. The applicant has no source of income, he needs the amount for his daily expenses. The issue raised by the appellantInsurance Company can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

The applicant is permitted to withdraw 50% amount along with accrued interest therein, out of the deposited amount, on furnishing usual undertaking.

The application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2