Abdul Salam Sattar Taj v. Bajaj Allianz General Insurance Co Ltd
S.S.Kilaje 904-IA-11084-2025-Withdrawl.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11084 OF 2025 IN FIRST APPEAL NO. 1184 OF 2024 Abdul Salam Sattar Taj ... Applicant In the matter of Bajaj Allianz General Insurance Co. Ltd.
... Appellant
Versus
Abdul Salam Sattar Taj And Anr.
... Respondents by SONALI SATISH KILAJE Date:
2025.08.18 10:25:05 +0700 SONALI SATISH KILAJE .............
Mr. Nitesh Bhutekar, Advocate for the Applicant. Mr. Sarthak Diwan, Advocate for Appellant-Insurance Company.
CORAM
: SHIVKUMAR DIGE, J.
DATED : 14th AUGUST, 2025.
P. C. :
1.
By this application, applicant is seeking withdrawal of amount. 2.
It is the contention of learned counsel for the applicant that due to accidental injuries, applicant has suffered 100% permanent physical disability. He needs the amount for daily expenses and medical expenses. Hence, requested to allow the application.
3.
It is contention of learned counsel for appellant- Insurance company that at the time of accident, driver of offending vehicle was not holding effective and valid driving licence. The said fact is proved before the Tribunal but the Tribunal has passed pay and recover order which is 1/2
S.S.Kilaje 904-IA-11084-2025-Withdrawl.doc erroneous, hence requested to reject the application. 4.
I have heard both the learned counsel. Due to accidental injuries, the applicant has suffered 100% permanent physical disability. He needs the amount for daily expenses and medical expenses. The grounds raised by the appellant- Insurance Company can be considered at the time of final hearing of the appeal. Hence, considering this fact, I pass following order :
ORDER
(i) The application is allowed.
(ii) The applicant is permitted to withdraw 45% amount out of deposited amount along with accrued interest thereon on out of deposited amount on furnishing usual undertaking.
5.
The Interim application is disposed of.
( SHIVKUMAR DIGE, J.) 2/2