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Bombay High CourtIA/10816/2024allowed

Bajaj Allianz General Insurance Co.Ltd., Pune v. Pavan Singh Shreeramkumar Singh Chavan And ANR.

2024-10-10Hon'Ble Shri Justice S. M. Modak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10817 OF 2024 IN FIRST APPEAL NO.1553 OF 2024 Pavan Singh Shreeram Kumar Singh ...Applicant In the matter between:

Bajaj Allianz General Insurance Company Limited ...Appellant vs.

Pavan Singh Shreeram Kumar Singh and anr.

...Respondents

AND INTERIM APPLICATION NO.10816 OF 2024 IN FIRST APPEAL NO.1553 OF 2024 Bajaj Allianz General Insurance Company Limited ...Appellant/Applicant vs.

Pavan Singh Shreeram Kumar Singh and anr.

...Respondents

***** Mr. Sarthak Diwan, Advocate for the Appellant. Mr. Yogesh Pande, Advocate for the Respondents. ***** CORAM :

S. M. MODAK, J.

DATE :

10th OCTOBER 2024 1/3 Digitally signed by PRIYA RAJESH SOPARKAR Date:

2024.10.17 10:56:45 +0530 PRIYA RAJESH SOPARKAR

P. C. :- INTERIM APPLICATION NO.10816 OF 2024 IN FIRST APPEAL NO.1553 OF 2024 1.

Heard both the sides.

2.

As directed on 23rd July, 2024, the awarded amount with accrued interest was deposited with the Tribunal.

3.

Stay is made absolute.

4.

Interim Application is disposed of.

INTERIM APPLICATION NO.10817 OF 2024 IN FIRST APPEAL NO.1553 OF 2024 5.

Heard both the sides.

6.

The appeal is on the ground of quantum, absence of driving license and disability evidence not properly considered. 50% withdrawal is permitted. Hence, the order.

ORDER

(i) Application is allowed in terms of prayer clause (a). (ii) The Applicant/the Claimant is permitted to withdraw 50% of the 2/3

deposited amount alongwith accrued interest from the Tribunal on furnishing a usual undertaking.

(iii) Accordingly, Interim Application is disposed of. [S. M. MODAK, J.] 3/3