Pramila Kishor Motwani And ANR.. v. Bajaj Allianz General Insurance Co. Ltd.
202-13896-25.doc vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.13896 OF 2025 WITH INTERIM APPLICATION NO.10389 OF 2025 IN FIRST APPEAL NO.1487 OF 2025 VASANT ANANDRAO IDHOL Date: 2026.04.09 20:44:37 +0530 Pramila K. Motwani & Ors.
...Applicants V/s.
Bajaj Allianz General Insurance Co. Ltd. & Anr. ..Respondents Mr.Yogesh Pande with Mr.Himansho Jha for the Applicants. Mr.Sarthak Diwan for the Respondent.
CORAM : R.M. JOSHI , J.
DATE : 9TH APRIL, 2026.
P.C. :- 1.
This application is filed by the original claimants for seeking withdrawal of the amount deposited by the appellant / insurer pursuant to the order dated 5th April, 2025 in MACP No.296 of 2019.
2.
Learned counsel for the Applicants / claimants submits that even if the challenge of the appellant /insurer is accepted, 1/2
202-13896-25.doc still the liability of the payment of compensation by the owner cannot be disputed. It is his further submission that in any case the insurer will have to indemnify the said liability. 3.
Learned counsel for the appellant / insurer opposed the withdrawal of any amount for the reason that according to him if he succeeds in proving that there was no permit for plying the offending vehicle, the liability of payment of compensation may not get attracted against the insurer.
4.
Prima-facie perusal of the record indicates that the grounds for denying the liability by the insurer is about the validity of permit. In any case, the Applicants are parties. In such circumstances, in considered view of this Court, there will not be any impediment in permitting the applicants / original claimants to withdraw 50% of the amount deposited in this Court on furnishing a solvent surety.
5.
Hence order :- a).
Applicants / claimant s are permitted to withdraw 50% amount deposited by appellant with interest, by furnishing solvent surety to the satisfaction of Learned Registrar. (R.M. JOSHI, J.) 2/2