Ujwala Vinayak Patil And ANR. v. Bajaj Alliance General Insurance Co. Ltd. Mumbai

P.H. Jayani 10 IA8057.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8057 OF 2025 IN FIRST APPEAL NO. 223 OF 2025 Ujwala Vinayak Patil and anr.

..... Applicants In the matter between :- Bajaj Alliance General Insurance Co. Ltd., Mumbai .... Appellant V/s.

Ujwala Vinayak Patil and Ors.

.... Respondents Mr. T.J. Mendon a/w. Mr. T.R. Kale for the Applicants in IA/8057/2025 and for Respondent Nos.1 and 2 in Appeal.

Mr. Sarthak Diwan a/w. Mr. Aditya Ghadge for the Appellant - Insurance Company.

CORAM : SHYAM C. CHANDAK, J.

DATED : 07th MAY, 2025 P.C. :- .

Heard learned Advocate for the parties.

2) Present Application filed by the Original Claimants seeking permission to withdraw the award amount along with accrued interest. 3) Mr. Diwan, learned Advocate for the Appellant opposed the Application.

4) Learned Advocate for the Applicants submitted that the Applicants were dependent on the income of the deceased. The claim was filed in the year 2022. Since then, the Applicants are waiting for the compensation.

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P.H. Jayani 10 IA8057.2025.doc 5) In view thereof and considering the reasons stated in the Application, the Applicant Nos.1 and 2 are permitted to withdraw 25% of the award amount of their share with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant Nos.1 and 2/Claimants would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount of compensation with nationalized bank giving highest interest from time to time. 6) Interim Application stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.05.10 17:27:17 +0530 2/2