Sharad Sudam Gharat v. Bajaj Allianz General Insurance Co.Ltd., Mumbai And ANR.
HEMANT CHANDERSEN SHIV H.C. SHIV 902.ia1116.25.doc HEMANT CHANDERSEN SHIV Date: 2025.03.17 16:24:15 +0300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1116 OF 2025 IN FIRST APPEAL NO.619 OF 2025 Sharad Sudam Gharat ... Applicant vs.
Bajaj Allianz General Insurance Co. Ltd. & Anr.
... Respondents WITH FIRST APPEAL NO.619 OF 2025 Bajaj Allianz General Insurance Co. Ltd. & Anr.
... Appellants vs.
Sharad Sudam Gharat & Anr.
... Respondents Ms. Yogita Deshmukh for the Appellant in Appeal and Respondents in IA. Mr. T. J. Mendon for the Applicant in IA and Respondent No.1 in Appeal. CORAM : SHYAM C. CHANDAK, J.
DATE : 11th MARCH 2025 P.C. :
INTERIM APPLICATION NO.1116 OF 2025 .
Learned Advocates for the parties stated that amicable settlement is not possible.
2) Present Application seeks withdrawal of the compensation amount. The Applicant was injured in the accident and sustained 55% permanent partial disability. Said disability resulted in 100% loss of income. 3) In view thereof and for the reasons stated in the Application, the 1/2
H.C. SHIV 902.ia1116.25.doc Application is allowed. The Applicant is permitted to withdraw 50% of the compensation amount with proportionate interest subject to furnishing usual undertaking that, in case the Appellant succeeds in this Appeal, the Applicant 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. 4) Application stands disposed of accordingly.
FIRST APPEAL NO. 619 of 2025 .
Issue notice to the Respondent No.2, returnable on 30th April 2025. 2) Mr.Mendon, learned Advocate waives service on behalf of Respondent No.1 in the Appeal.
3) Learned Advocate for the Appellant to supply spare copy of the Appeal in the Registry. In addition to the Court's notice the Appellant to serve the Respondent No.2 by private notice and file the affidavit of service before the returnable date. Hamdast allowed. (SHYAM C. CHANDAK, J.) 2/2