Allowed

Nanda Balaji@Devidas Nikam v. the New India Assurance Company Limited, Nashik

Bombay HC3 May 2023IA/2206/2023

Case brief

AI extract

What is this about?

The High Court granted an interim application allowing the applicant, a widower with no income and medical needs, to withdraw 20% of the deposited amount from an insurance claim pending in an appeal, subject to furnishing equal surety.

What did the court decide?

Applicant permitted to withdraw 20% of deposited amount with accrued interest by furnishing surety in like amount.

Nanda Balaji@Devidas Nikam Vs the New India Assurance Company Limited, Nashik — Bombay HC (2023) — LawSathi Research

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42-ia-2206-2023.doc

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Shubhada S Kadam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2206 OF 2023 IN

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FIRST APPEAL NO. 362 OF 2017

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Nanda Balaji @ Devidas Nikam ….Applicant versus

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The New India Assurance Company Ltd., Nashik….Respondent

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Mr. Sharad T. Bhosale, Advocate for the Applicant. Mr. D. R. Mahadik along with Ms. Pooja Yadav, Advocate for the Respondent.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 3rd MAY, 2023.

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P.C. :

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Heard learned counsel for the applicant and learned counsel for respondent – Corporation.

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Learned counsel for the applicant submits that the

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deceased was the only son of the applicant, he was the earning member of the applicant’s family. After the death of her son, applicant’s husband also died. The applicant has no source of income, she need the amount for her daily expenses and medical treatment. Hence, requested to allow the application.

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Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2023.05.06 16:41:19 +0530

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42-ia-2206-2023.doc

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Shubhada S Kadam

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Learned counsel for respondent-Corporation objected to allow the application on the ground that earlier the applicant was permitted to withdraw 50% amount, out of the deposited amount. The insurance policy of the offending vehicle was act only policy but the Tribunal has not considered this fact and has passed the impugned judgment and order which is under challenge. If the respondent -Corporation succeeds in the appeal, it would be difficult for the respondent to recover the amount, if permission to withdraw the amount is granted. Hence, requested to dismiss the application.

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I have heard both learned counsel. It was the applicant’s case that deceased was her only son and earning member of the family. The applicant has no source of income. The applicant’s husband died during the pendency of the appeal. The applicant needs the amount for her daily expenses and medical treatment. The grounds raised by the respondent-Corporation can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

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O R D E R

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The application is allowed.

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42-ia-2206-2023.doc

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Shubhada S Kadam

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The applicant is permitted to withdraw 20% amount along with accrued interest therein, out of the deposited amount, on furnishing surety in the like amount.

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The application is disposed of.

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(SHIVKUMAR DIGE, J.)

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Nanda Balaji@Devidas Nikam v. the New India Assurance Company Limited, Nashik

Case brief

What is this about?

What did the court decide?

Nanda Balaji@Devidas Nikam v. the New India Assurance Company Limited, Nashik

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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