Bharat Tukaram Nachanekar And ANR. v. The New India Assurance Company Thr.Legal Hub
Gayatri Shimpi 37-IA-7178-2025 (II).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7178 OF 2025 IN FIRST APPEAL (ST) NO. 25627 OF 2024 Bharat Tukaram Nachanekar & Anr.
....Applicants V/s.
The New India Assurance Company Thr.Legal Hub ....Respondent __________________________________________________________ Mr. Punam Mital, Advocate for Applicants.
Mr. T. J. Mendon, Advocate for the Respondent. ___________________________________________________________ CORAM : SHIVKUMAR DIGE, J.
Date : 23 JUNE, 2025.
P.C. :
1) Heard learned counsel for the Applicant and learned counsel for the Respondent.
2) By this Application, Applicants are seeking withdrawal of the amount.
3) The learned counsel for Applicant submits that due to accidental injuries. The Applicant has suffered 40% permanent physical disability. Applicant needs amount for daily expenses and medical expenses. Hence. Requested to allow the Application. ___Page No.
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Gayatri Shimpi 37-IA-7178-2025 (II).docx 4) The learned counsel for Respondent strongly objected to allow the Application on the ground that the policy produced on record is different from the policy of offending vehicle, the cheque which was issued as a premium of insurance policy was dishonored and Tribunal has awarded compensation on higher side. Hence, requested to reject the Application.
5) I have heard both the learned counsel.
6) Due to accidental injuries, the Applicant has suffered 40% permanent disability. He needs the amount for daily expenses and medical expenses. The issue raised by learned counsel for the Respondent can be considered at the time of final hearing of the Appeal. Hence. I pass the following order.
ORDER
(i) The Application is allowed.
(ii) The Applicants are permitted to withdraw 30% amount along with accrued interest thereon on furnishing undertaking.
[SHIVKUMAR DIGE, J.] by GAYATRI RAJENDRA SHIMPI Date:
2025.06.27 10:15:29 +0530 GAYATRI RAJENDRA SHIMPI ___Page No.
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