Bajaj Allianz General Insurance Company Ltd. v. Parasmal Shankarlal Soni (Jain) And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1099 OF 2024 WITH INTERIM APPLICATION NO.10309 OF 2024 Bajaj Allianz General Insurance Co. Ltd., Mumbai .... Appellant V/s.

Parasmal Shankarlal Soni (Jain) & Ors.

.... Respondents WITH INTERIM APPLICATION NO.10310 OF 2024 by NILAM SANTOSH KAMBLE Date: 2024.07.11 14:15:25 +0530 NILAM SANTOSH KAMBLE Parasmal Shankarlal Soni (Jain) & Ors.

.... Appellants V/s.

Bajaj Allianz General Insurance Co. Ltd., Mumbai .... Respondents ---- Mr.Sarthak S. Diwan, for the Appellant.

---- CORAM : ARUN R. PEDNEKER, J.

DATE : 9th JULY 2024 P.C:- INTERIM APPLICATION NO.10309 OF 2024 .

Not on board. Taken on board.

2.

The learned counsel for the Appellant submit that he has deposited entire decreetal amount along with accrued N.S. Kamble page 1 of 3

interest thereon.

3.

In view of the same, stay to the order of the Tribunal.

4.

The Application for stay is disposed of.

FIRST APPEAL NO. 1099 OF 2024 5.

Issue notice to the Respondents, returnable on on 3rd September 2024.

6.

Mr.Amol Gatne, waives service for Respondent Nos.1 and 2.

INTERIM APPLICATION NO.10310 OF 2024 7.

The present Appeal is filed by the Insurance Company primarily on the ground that the occupant of the insured is not a third party and that no claim can be granted to the Claimant's of the deceased occupant. The Tribunal has after elaborate discussion in paragraph Nos.32, 33, 34 and 35 considering the same that the Tribunal has held that the Insurance Policy is a comprehensive one although it is only referred to as Act only policy. As such, granted compensation to the Claimant's the respective contentions would be finally N.S. Kamble page 2 of 3

decided at the time of final hearing of the Appeal. The Applicant is permitted to withdraw 50% amount deposited before the Tribunal along with accrued interest thereon, subject to the undertaking before the Presiding officer of the Tribunal. 8.

Liberty is reserved for the parties to mention the matter after the decision of the Larger Bench in the case of Bhagyalaxmi V/s. United Insurance Co. reported in 2009 Vol7-SCC-148. 9.

In view of the deposit of the amount as directed by this Court the stay granted is confirmed.

10.

The Appeal is admitted.

11.

Liberty to file compilation of the documents. (ARUN R. PEDNEKER, J.) N.S. Kamble page 3 of 3