Jyoti Bhagwan Waghmare And ORS. v. Bajaj Allianz Genral Insurance Company Ltd. And ANR.

S.S.Kilaje 902-IA-11007-25 (withdrawl).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11007 OF 2025 IN FIRST APPEAL NO. 215 OF 2024 Jyoti Bhagwan Waghmare & Ors.

... Applicants In the matter of Bajaj Allianz General Insurance Company Ltd.

... Appellant

Versus

Jyoti Bhagwan Waghmare And Ors.

... Respondents by SONALI SATISH KILAJE Date:

2025.08.18 10:25:04 +0700 SONALI SATISH KILAJE .............

Mr. Sudarshan Wani a/w. Mr. Tanmay Jadhav, Advocates for the Applicants. Mr. Aditya Ghadge i/b. Mr. Sarthak S. Diwan, Advocate for Appellant.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 14th AUGUST, 2025.

P. C. :

1.

By this application, applicants are seeking withdrawal of amount. 2.

It is the contention of learned counsel for the applicants that deceased was a sole earning member of applicant's family. Applicants have dependent on the income of deceased. Applicants need the amount for daily expenses and they have no source of income. Hence, requested to allow the application.

3.

It is contention of learned counsel for appellant-Insurance Company that the offending vehicle was not involved in the accident but in spite of that the Tribunal has awarded compensation which is erroneous, hence 1/2

S.S.Kilaje 902-IA-11007-25 (withdrawl).doc requested to reject the application.

4.

I have heard both the learned counsel. The deceased was the sole earning member of the applicants' family. Applicants have no source of income. Applicants need the amount for daily expenses. The grounds raised by the appellant- Insurance Company can be considered at the time of final hearing of the appeal. Hence, considering this fact, I pass following order :

ORDER

(i) The application is allowed.

(ii) The applicants are permitted to withdraw 25% amount out of deposited amount along with accrued interest thereon on out of deposited amount on furnishing usual undertaking.

5.

The Interim application is disposed of.

( SHIVKUMAR DIGE, J.) 2/2