Allowed

Mr. Arjun Prabhakar Gajare and Anr. v. Shriram General Insurance Company Limited through Its Thane Office

Bombay HC4 May 2023IA/4072/2023

Case brief

AI extract

What is this about?

Hon'ble Shriram General Insurance Co. Ltd. sought funds in 28-2-IA-4072-2023. Applicant suffered 60% disability and lost income. Court allowed withdrawal of 40% of deposited amount with interest and undertaking.

What did the court decide?

Application allowed: Applicant permitted to withdraw 40% of deposited amount with accrued interest by furnishing undertaking.

Mr. Arjun Prabhakar Gajare and Anr. Vs Shriram General Insurance… — Insurance | Bombay HC (2023)

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28-2-IA-4072-2023 in FA-725-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.4072 OF 2023 IN

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FIRST APPEAL NO.725 OF 2019

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Mr. Arjun Prabhakar Gajare ...Applicant

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NILAM Digitally signed byNILAM SANTOSH SANTOSH KAMBLE KAMBLE Date: 2023.05.0613:26:08 +0530

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IN THE MATTER BETWEEN

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Shriram General Insurance Co. Ltd. Through Its Thane Office ...Appellant Versus

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Mr. Arjun Prabhakar Gajare & Ors. ...Respondents

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Mr.R.S. Alange, for the Applicant.

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Mr.Rahul Mehta i/b KMC Legal Venture, for the Respondent and the Appellant in Original Appeal.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 4 MAY 2023

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P.C:-

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. Heard learned counsel for the Applicant.

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The learned counsel for the Applicant submits that the Applicant has suffered 60% disability in the said accident. His one leg is shortened due to the accident. After the accident the Applicant is unable to do any work. He has no source of income.

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N.S. Kamble page 1 of 2

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28-2-IA-4072-2023 in FA-725-2019.doc

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He requires amount for daily expenses. Hence, requested to allow the Application.

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The learned counsel for the Respondent has objected to allow the Application on the ground that offending vehicle was not involved in the accident and this fact is not considered by the Tribunal and awarded exorbitant and excessive compensation. Hence, requested to dismiss the Application.

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4. I have heard both learned counsel.

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Admittedly, the Applicant has suffered 60% disability in the accident. His one leg is shortened after the accident. After the accident he has no source of income. The Applicant needs the amount for daily expenses and medical expenses. The issue raised by the learned counsel for the Respondent can be considered at the time of the final hearing of the Appeal. Hence, I pass following order.

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ORDER

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(i) The Application is allowed. (ii) The Applicant is permitted to withdraw 40% amount out of the deposited amount along with accrued interest thereon on furnishing undertaking.

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N.S. Kamble page 2 of 2

Mr. Arjun Prabhakar Gajare and Anr. v. Shriram General Insurance Company Limited through Its Thane Office

Case brief

What is this about?

What did the court decide?

Mr. Arjun Prabhakar Gajare and Anr. v. Shriram General Insurance Company Limited through Its Thane Office

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

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