Tukaram Pandurang Raut And ANR. v. Bajaj Allianz General Insurance Co. Ltd. Thr. Its Divisional Manager And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SATISH RAMCHANDRA SANGAR Date:

2024.09.05 10:31:09 +0530 CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR INTERIM APPLICATION NO.11039 OF 2024 [FOR WITHDRAWAL] IN FIRST APPEAL NO.333 OF 2020 Tukaram Pandurang Raut and Anr.

...Applicant In the matter between:- Bajaj Allianz General Insurance Company Limited ...Appellant vs.

Tukaram Pandurang Raut and Ors.

...Respondents

***** Mr.Rushikesh Kale:- Advocate for Applicants.

Mr.Pandit Kasar i/b. Mr.Sarthak Diwan:- Advocate for Respondent Nos.1 & 2.

***** CORAM :

S. M. MODAK, J.

DATE :

27th AUGUST 2024 P. C. :- FIRST APPEAL NO.333 OF 2020 1.

Heard learned Advocate Shri.Kasar for the Appellant Insurance Company and learned Advocate for Respondent Nos.1 and 2. If, Respondent Nos.3, 4 and 5 are not served, let the Appellant to take 1/3

steps. Learned Advocate for Respondent Nos.1 and 2 waives notice. 2.

Call Record and Proceeding.

3.

Stand over to 22nd October 2024.

INTERIM APPLICATION NO.11039 OF 2024 4.

Heard both the sides.

5.

The Claimants are the parents of the deceased. There was a claim about breach of the policy. It was answered in the negative for want of evidence. The Claims Tribunal directed Rs.1,00,000/- (Rupees One Lakh Only) to be kept in fixed deposit in the name of the Petitioner No.1 - Tukaram and Rs.2,00,000/- (Rupees Two Lakh Only) in the name of the Petitioner No.2 - Sangita for three (3) years. They are claiming for relaxation of that condition. They are entitled for 75% withdrawal. Hence, order:-

O R D E R

(i) The Claims Tribunal is directed to pay 75% of the deposited amount along with accrued interest to Respondent Nos.1 and 2 equally.

(ii) The fixed deposit receipt be encashed.

(iii) The remaining amount be kept in fixed deposit. 2/3

6.

In view of that, Interim Application stands disposed of. [S. M. MODAK, J.] 3/3