Reliance General Insurance Co. Ltd Thr. Divisional Manager v. Rajendra Jairam Shelke(Handicapped Thr.His Next Friend Jayashree R.Shelke) And ANR.

P.H. Jayani 08 IA6547.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6547 OF 2025 IN FIRST APPEAL NO. 1857 OF 2024 Rajendra Jayram Shelke .... Applicant In the matter between :- Reliance General Insurance Co. Ltd.

..... Appellant V/s.

Rajendra Jayram Shelke and Ors.

..... Respondents WITH INTERIM APPLICATION NO. 15078 OF 2024 IN FIRST APPEAL NO. 1857 OF 2024 Reliance General Insurance Co. Ltd.

..... Applicant V/s.

Rajendra Jayram Shelke and Ors.

..... Respondents Mr. Pritesh Bohade for the Applicant/Claimant. Mr. Avesh Ghadge i/b. Mr. Akshay Kulkarni for the Appellant. CORAM : SHYAM C. CHANDAK, J.

DATED : 24th MARCH, 2025 P.C. :- ORDER IN INTERIM APPLICATION NO. 6547 OF 2025 :- .

Heard.

2) By this Application, the Applicant/Original Claimant seeks withdrawal of the compensation amount along with accrued interest deposited with the Claims Tribunal.

3) Learned Advocate for the Appellant opposed the Application. However, he states that there is no defence of fake policy. 1/2

P.H. Jayani 08 IA6547.2025.doc 4) The withdrawal is prayed on the ground that the Applicant suffered 80% permanent disability and he is bedridden. The accident occurred in the year 2018 and since then, the Applicant has been waiting for the compensation amount.

5) In view thereof, the Applicant is permitted to withdraw 50% of the compensation amount along with proportionate interest accrued thereon subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant/Claimant would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest the remaining amount with nationalized bank giving highest interest from time to time.

6) The statutory amount deposited in this Court shall be transferred to the Tribunal.

7) Interim Application stands disposed of.

ORDER IN INTERIM APPLICATION NO. 15078 OF 2024 :- 8) As the entire amount of compensation is deposited with the Claims Tribunal and the Claimant is permitted to withdraw 50% of the compensation amount, the interim stay granted vide Order dated 27th November, 2024 is made absolute in terms of prayer clause (b). 9) Interim Application stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.03.27 10:32:07 +0530 2/2