Sangita Hemant Sharama (For Herself And Being Mother Natural Guardian Of Resp. No. 2) And ANR v. Bajaj Allianz General Insurance Co. Ltd. And ANR

205-ia2637-26.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.2637 OF 2026 WITH INTERIM APPLICATION NO.11069 OF 2025 IN FIRST APPEAL NO.1665 OF 2025 VASANT ANANDRAO IDHOL Date: 2026.04.09 20:44:38 +0530 Sangita J.Sharma & Anr.

...Applicants V/s.

Bajaj Alianz General Insurance Co. Ltd. & Anr. ..Respondents Mr.Yogesh Pande with Mr.Himanshu Jha for the Applicants / Claimants.

Mr.Sarthak Diwan for the State - Respondents. CORAM : R.M. JOSHI , J.

DATE : 9TH APRIL, 2026.

P.C. :- 1.

This application is filed by the original claimants for withdrawal of the amount deposited by the appellant / insurer pursuant to the order dated 18th March, 2025 in MACP No.104 od 2020.

2.

Learned counsel for the Applicants / claimants submits that the liability of payment of compensation of the 1/2

205-ia2637-26.doc owner as well as the insurer is not in dispute. It is his submission that in the facts of this case, the Applicants be permitted to withdraw 50% amount. Learned counsel for the Appellant opposed the said contention.

3.

Prima-facie perusal of the record indicates that the appeal is filed on the quantum. Thus the liability of payment of compensation is not in disputed. In such circumstances, having regard to prima-facie consideration of the facts on record, there would not be any impediment in permitted the applicants / original claimants to withdraw 50% of the amount. 4.

Hence the order :- a).

The applicants / original claimants are permitted to withdraw 50% amount out of total deposited along with interest on furnishing usual undertaking.

5.

Interim Application No.2637 of 2026 stands allowed. (R.M. JOSHI, J.) 2/2