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Bombay High CourtIA/8196/2025disposed off

Anita Ganesh Karkera And ORS. v. Bajaj Allianz General Insurance Co.Ltd.

2025-05-08Hon'Ble Shri Justice Shyam C. Chandak2 pages

Manoj 910-IA-8196-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8196 OF 2025 IN FIRST APPEAL (ST) NO.35846 OF 2024 Smt. Anita Ganesh Karkera And Ors.

...Applicants

IN THE MATTER BETWEEN

Bajaj General Insurance Co. Ltd.

...Appellant V/s.

Smt. Anita Ganesh Karkera And Ors.

...Respondents

Mr. Aditya Ghadge i/by Mr. Sarthak Diwan, for the Appellant. Mr. Sarvesh Deshpande i/by Mr. Bharat Gadhavi, for the Respondent No.1 in IA/15916/2024 and for Applicants in IA/8196/2025. CORAM : SHYAM C. CHANDAK, J.

DATED : 08th MAY, 2025 P.C. :- .

Heard Mr. Deshpande, learned Advocate for the Applicants. 2) Present Application filed by the original Claimants seeking withdrawal of entire compensation amount alongwith interest. 3) Applicants are widow, minor child and aged mother of the deceased who died in the accident that occurred on 14th January, 2021. The claim was filed in the year 2021. Since then the Applicants have been waiting for compensation. Learned Advocate for the Applicants submitted that the deceased was only earning member in the family. 1/2

Manoj 910-IA-8196-2025.doc 4) In view thereof, considering the other reasons stated in the Application and that the Applicant No.2 is minor, the Applicant Nos.1 and 3 shall be permitted to withdraw 50% of the compensation amount alongwith proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant Nos.1 and 3 shall refund the said amount alongwith 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 stands disposed of.

(SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.05.13 13:50:01 +0530 2/2