Partly allowed

Reliance General Insurance Co. Ltd. v. Neeta Dipak Gole and Anr.

Bombay HC3 Nov 2023IA/2065/2023

Case brief

AI extract

What is this about?

In two separate interim applications within the same First Appeal, the High Court at Bombay condoned a two-day delay in filing the appeal and allowed the withdrawal of medical expenses by the claimant from deposited funds pending the disposal of the appeal, requiring the balance to be remitted to the insurance company.

What did the court decide?

Delay of two days in filing the First Appeal was condoned. Rs.32,00,000/- was allowed to be withdrawn by the claimant upon undertaking to return it with interest if the appeal fails; the balance amoun

Reliance General Insurance Co. Ltd. Vs Neeta Dipak Gole… — Consumer Protection | Bombay HC (2023)

¶1

909-ia2065-23.doc

¶2

vai

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

VASANT Digitally signed byVASANT ANANDRAO ANANDRAO IDHOL IDHOL Date: 2023.11.0611:24:18 +0530

¶5

INTERIM APPLICATION NO.2065 OF 2023 IN FIRST APPEAL (STAMP) NO.28708 OF 2022

¶6

Reliance General Insurance Co. Ltd. ...Applicant V/s. Neeta D. Gole & Anr. ...Respondents

¶7

Ms.Kalpana R. Trivedi for the Applicant / Appellant.

¶8

Mr.T.J. Mendon for the Respondents and for the Applicant in IA No.16980 of 2023.

¶9

CORAM : RAJESH S. PATIL, J. DATE : 3RD NOVEMBER , 2023.

¶10

P.C. :-

¶11

This Application is filed for condoning the delay of two days in filing the First Appeal.

¶12

The counsel for Respondent states that he has no objection in condoning the delay and the matter be taken up for hearing.

¶13

I have heard both sides and I have gone through the contents of the application. I am satisfied that the Applicant has made

¶14

out a case to condone the delay. Hence, Application is allowed in terms of prayer clause (b).

¶15

1/4

¶16

909-ia2065-23.doc

¶17

The Interim Application stands disposed of.

¶18

WITH INTERIM APPLICATION NO.2066 OF 2023 IN FIRST APPEAL (STAMP) NO.28708 OF 2022

¶19

Reliance General Insurance Co. Ltd. V/s. Neeta D. Gole & Anr.

¶20

...Applicant

¶21

...Respondents

¶22

This Interim Application is filed seeking stay to the execution and implementation of the impugned Judgment and Award passed by the MACT, Alibaug.

¶23

Applicant to deposit the entire ‘Award’ amount with interest within eight weeks with the concerned MACT. On deposit of the said amount, there will be Stay to the execution of the impugned Judgment and Award till further orders.

¶24

Issue Notice to Respondents, returnable 5 January, 2024. Private Notice permitted, by all permissible modes of service. Affidavit of Service to be filed thereafter.

¶25

WITH INTERIM APPLICATION NO.16980 OF 2023 IN FIRST APPEAL (STAMP) NO.28708 OF 2022

Neeta D. Gole

...Applicant

V/s.

Reliance General Insurance Co. Ltd. & Anr. ...Respondents

¶30

2/4

¶31

909-ia2065-23.doc

¶32

This Interim Application is filed by the Claimant, who was injured in the unfortunate accident.

¶33

It is the case of the Claimant that she was working as a teacher and was getting a salary of Rs.40,848/- per month. The Claimant further submitted that due to the unfortunate accident she had sustained very serious injuries to head which has caused brain damage and the same is resulted into permanent partial disability. Due to accident several surgical were undertaken. Hospitalization expenses incurred by her along with surgical expenses is around Rs.17,33,220/-. Therefore, she has prayed that she be allowed to withdraw the amount deposited by the Insurance Company before MACT, Alibaug.

¶34

I have heard both the sides and I have gone through the contents of the Interim Application. There is no reply filed opposing this Interim Application. I am convinced to the submissions made by the Claimant.

¶35

Rs.32,00,000/- is allowed to be withdrawn by the Claimant, upon furnishing an undertaking before the concerned MACT to the effect that if she fail in this First Appeal, she will return the amount with interest, at such rate as may be directed by this Court at the time of disposal of the First Appeal.

¶36

The Registry to see that the money is transferred to the

¶37

3/4

¶38

909-ia2065-23.doc

¶39

account of the Applicant.

¶40

Balance amount shall be invested in the fixed deposit of a nationalized bank initially, for a period of one year and thereafter for like period depending the pendency of this Court.

¶41

All the parties to act on an authenticated copy of this order.

¶42

Issuance of certified copy of this order is expedited.

¶43

The interim application is accordingly disposed of.

¶44

(RAJESH S. PATIL, J.)

¶45

4/4

Reliance General Insurance Co. Ltd. v. Neeta Dipak Gole and Anr.

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co. Ltd. v. Neeta Dipak Gole and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Baburao Revansidh Pujari Vs M/S Worlwide Oil Field Machine, Pune and Anr.

Bajaj Allianz General Insurance Company Ltd., Pune Vs Kailas Dagadu Ghanekar and Ors.

Hdfc Ergo G. Insurance Co. Ltd., Kolhapur Vs Nisha Milind Kamble and Ors.

Anisa Imran Jasnaik and Ors. Vs Imran Muraj Jasnaik

Anisa Imran Jasnaik and Ors. Vs Imran Muraj Jasnaik

Suhas Sudhakar Phansalkar vs Vaidehi Suhas Phansalkar