Seema Keshav Wayngankar And ORS. v. Bajaj Allianz General Insurance

Shubhada S Kadam 49-ia-9989-2025-withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9989 OF 2025 IN FIRST APPEAL(ST) NO. 31283 OF 2024 Seema Keshav Wayngankar And Ors.

Applicants In the matter of Bajaj Allianz General Insurance Co. Ltd.

Appellant versus Seema Keshav Wayngankar And Ors.

Respondents Mr. Ranvir Shekhwat i/b. Raj Legal, Advocate for Applicants/Claimants. Mr. Aditya Ghadage i/b. Mr. Sarthak S. Diwan, Advocate for the AppellantInsurance Company. CORAM : SHIVKUMAR DIGE, J.

DATE : 16th JULY, 2025.

P.C. :

1.

Heard learned counsel for the applicants/claimants and learned counsel for appellant-Insurance Company.

2.

By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submitted that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. Hence, requested to allow the application.

3.

Learned counsel for appellant - Insurance Company strongly Digitally signed by SHUBHADA SHANKAR KADAM Date:

2025.07.18 11:31:27 +0530 objected to allow the application on the ground that the driving license of SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 49-ia-9989-2025-withdrawal.doc the driver of the offending vehicle was fake but this fact is not considered by the Tribunal and requested to reject the application. 4.

I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. The grounds raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

The applicants are permitted to withdraw 40% amount along with accrued interest thereon, out of the deposited amount, on furnishing usual undertaking.

The application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2