Alka Vijay Chautray And ANR. v. Bajaj Allianz General Insurance Company Ltd., Mumbai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11462 OF 2024 IN FIRST APPEAL NO.571 OF 2024 Digitally signed by NIKITA KAILAS DARADE Date:
2024.09.11 12:07:59 +0530 NIKITA KAILAS DARADE Alka Vijay Chautray and Anr.
...Appellant vs.
Bajaj Allianz General Insurance Company Ltd., Mumbai
...Respondents
WITH INTERIM APPLICATION NO.7623 OF 2024 IN FIRST APPEAL NO.571 OF 2024 Bajaj Allianz General Insurance Company Ltd., Mumbai ...Applicant vs.
Alka Vijay Chautray and Anr.
...Respondents
***** Mr. Vasant N. More:- Advocate for Applicant in IA/11462/2024.
Mr. Sarthak S. Diwan :- Advocate for Respondent in IA/11462/2024 and for Appellant in FA.
***** CORAM : S. M. MODAK, J.
DATE : 9th SEPTEMBER 2024 P. C. :- INTERIM APPLICATION NO.11462 OF 2024 1.
Heard, Mr.More learned counsel for the Applicant and learned 1/3
Advocate Mr.Diwan for Respondent.
2.
The main grounds of the Appeal are, the quantum and not possessing a valid driving license by Respondent No.1. 3.
The driver of offending vehicle was possessing of light motor vehicle license. Whereas, he was driving tempo, a transport vehicle. As of today, the observations in the judgment of Mukund Dewangan v/s. Oriental Insurance Co. Ltd. etc.1 are in force. 50% withdrawal can be permitted. Hence the order:-
O R D E R
(i) The Application is allowed.
(ii) Respondent No.1 is permitted to withdraw 50% of the deposited amount along with the interest on furnishing usual undertaking.
(iii) Interim Application is disposed of.
INTERIM APPLICATION NO.7623 of 2024 4.
Heard both sides.
5.
The amount is already deposited.
6.
The Application is finally disposed of in terms of prayer clause (b).
AIR OnLine 2016 SC 330 2/3
FIRST APPEAL NO.571 OF 2024 7.
Learned Advocate Mr.More, appears for Respondent No.1Claimant No.2. The owner is served but not appeared. 8.
Call Record and Proceeding.
9.
Compilation of documents is already filed by the Claimant. 10.
Stand over to 14th October 2024.
[S. M. MODAK, J.] 3/3