Allowed

Duryodhan Gujaba Savane and Anr. v. the New India Assurance Co. Ltd.

Bombay HC6 Feb 2023IA/843/2023

Case brief

AI extract

What is this about?

In an interim application, the single bench allowed the applicants to withdraw 30% of the deposited motor insurance claim amount along with accrued interest subject to furnishing an undertaking, deferring consideration of other challenges to the final hearing.

What did the court decide?

Permitted withdrawal of 30% of deposited amount along with accrued interest upon furnishing undertaking.

Duryodhan Gujaba Savane and Anr. Vs the New India Assurance Co. Ltd. — Bombay HC (2023) — LawSathi Research

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66.IA.843.23.odt

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RAMESHWAR DILWALE

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 843 OF 2023

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FIRST APPEAL NO. 1310 OF 2022

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Duryodhan Gujaba Savane & Anr. ….Applicants Versus The New India Assurance Co. Ltd & Ors. ….Respondents

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...

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Mr. T.J. MendonAdvocate for the Applicants.

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Mrs. Karishma Jhaveri i/b Navdeep Vora & Associates Advocate for the Respondents & for Appellant in FA.

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...

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CORAM : S. G. DIGE, J.

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DATE : 6TH FEBRUARY, 2023.

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P.C. :

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Heard learned counsel for applicants and learned counsel for respondents.

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Learned counsel for applicants submits that deceased was the son of applicant. He was the only earning member of applicants’ family. Applicants are the old aged persons. They have no source of income. They require the amount for their daily expenses and medical expenses. Hence requested to allow the application.

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66.IA.843.23.odt

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RAMESHWAR DILWALE

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Learned counsel for Respondent No.1 submits that at the time of accident, the driver of offending vehicle was under the influence of alcohol and Tribunal has considered the income of deceased on higher side. These facts are challenged by the Respondent No.1 before this Court by way of appeal. If Respondent No.1 succeeds in appeal, it would be difficult to recover the amount from the applicants. Hence, requested to dismiss the application.

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The deceased was the son of applicants. Applicants are the old aged persons. They have no source of income. They require the amount for their daily expenses and for medical expenses. The issue raised by the Respondent No.1 can be considered at the time of final hearing.

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Hence, I pass following order.

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O R D E R

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I. Application is allowed.

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ii. Applicants are permitted to withdraw 30% amount along with accrued interest thereon out of deposited amount on furnishing undertaking.

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Iii. Application is disposed off.

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(S. G. DIGE, J.)

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Duryodhan Gujaba Savane and Anr. v. the New India Assurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Duryodhan Gujaba Savane and Anr. v. the New India Assurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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