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Bombay High CourtIA/4039/2025disposed off

Mr. Ashok Mahadev Tawre And ORS. v. Bajaj Allianz General Insurance Co. Ltd. Mumbai

2025-04-09Hon'Ble Shri Justice Shyam C. Chandak2 pages

HEMANT CHANDERSEN SHIV H.C. SHIV 3.ia4039.25.doc HEMANT CHANDERSEN SHIV Date: 2025.04.17 10:34:46 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4039 OF 2025 IN FIRST APPEAL NO.1544 OF 2024 WITH FIRST APPEAL NO.1544 OF 2024 Ashok Mahadev Tawre ...Applicant In the matter between Bajaj Allianz General Insurance Co. Ltd.

...Appellant vs.

Ashok Mahadev Tawre & Ors.

...Respondents

Mr. Vasant M. More for the Applicant.

Mr. Aniket Mangare i/b Yogita Deshmukh for the Appellant. CORAM : SHYAM C. CHANDAK, J.

DATE : 9th APRIL 2025 P. C. :

INTERIM APPLICATION NO.4039 OF 2025 .

Heard.

2) Present Application filed by the original claimant/injured seeks permission to withdraw the entire compensation amount. 3) Mr.More, learned Advocate for the Applicant submitted that the accident occurred in December 2017. The Applicant has suffered permanent partial disability on account of the accident. The Applicant has incurred certain amount on his medical treatment. 1/2

H.C. SHIV 3.ia4039.25.doc 4) In view thereof, the Applicant is permitted to withdraw 50% of the compensation amount alongwith accrued interest subject to furnishing an 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 remaining amount with Nationalized bank giving highest interest from time to time. 5) Application is disposed of accordingly.

FIRST APPEAL NO.1544 OF 2024 .

Learned Advocate for the respective parties state that the Appeal be taken up for final hearing and they are ready to file the compilation of documents.

2) At their request, stand over to 30th June 2025. (SHYAM C. CHANDAK, J.) 2/2