Allowed

Anita Anant Shinde and Ors. v. the United India Insurance Co. Ltd. and Anr.

Bombay HC25 Nov 2024IA/14955/2024

Case brief

AI extract

What is this about?

Interim application allowed permitting respondents to withdraw 30% of the deposited award amount with accrued interest to meet daily expenses, subject to furnishing an undertaking. The substantive dispute regarding contractual liability is reserved for final hearing.

What did the court decide?

Permission granted to withdraw 30% of the deposited award amount along with accrued interest on furnishing an undertaking.

Anita Anant Shinde and Ors. vs the United India… — Motor Accident Claims | Bombay HC (2024)

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33-FAST-25976-2022 aw IA.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE SIDE JURISDICTION

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FIRST APPEAL (ST) NO. 25976 OF 2022 WITH INTERIM APPLICATION NO. 19257 OF 2022 WITH INTERIM APPLICATION NO. 19256 OF 2022 IN

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FIRST APPEAL (ST) NO. 25976 OF 2022

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The United India Insurance Co. Ltd. …. Appellant/ Applicant

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Versus

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Digitally signed by SHANTANU SHANTANUSHANKARSADHUDUM SHANKARSADHUDUMDate:2024.11.27 17:51:52 +0530

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Anita Anant Shinde and Ors. …. Respondents

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WITH INTERIM APPLICATION NO. 14955 OF 2024 IN

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FIRST APPEAL (ST) NO. 25976 OF 2022

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Anita Anant Shinde and Ors.

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…. Applicants

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IN THE MATTER BETWEEN

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The United India Insurance Co. Ltd. …. Appellant

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Versus

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Anita Anant Shinde and Ors. …. Respondents

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Mr. Prathamesh Mandlik i/b Mr. Nitesh Bhutekar, for the Appellant. Mr. T. J. Mendon a/w Mr. T. R. Kale, for the Respondents.

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Shantanu Dhudum 1/4

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33-FAST-25976-2022 aw IA.doc

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 25^th NOVEMBER, 2024.

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P.C. :

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FIRST APPEAL (ST) NO. 25976 OF 2022

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Leave to file compilation of documents.

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Stand over to 16^th December, 2024.

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INTERIM APPLICATION NO. 19257 OF 2022

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Heard learned counsel for the Applicant.

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Learned counsel for the Applicant submits that Applicant

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has deposited entire award amount along with accrued interest thereon.

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Considering the submissions of the learned counsel for the Applicant and reasons mentioned in the application, the impugned order is stayed till final disposal of the appeal. Application is disposed of.

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INTERIM APPLICATION NO. 19256 OF 2022

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Heard learned counsel for the Applicant.

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Considering the submissions of the learned counsel for the

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Applicant and the reasons mentioned in the Application, the delay of

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Shantanu Dhudum 2/4

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33-FAST-25976-2022 aw IA.doc

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92 days for filing the Appeal is condoned. The Application is allowed and disposed of.

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The Appeal be registered.

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INTERIM APPLICATION NO. 14955 OF 2024

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By this application, Applicants are seeking withdrawal of the amount.

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Learned counsel for the Applicants submits that the deceased was the sole earning member of Applicants’ family. Applicants have no source of income. They need the amount for their daily expenses. Hence, requested to allow the application.

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Learned counsel for the Respondent strongly objected to allow the application on the ground that the deceased was the pillion rider on motorcycle. The insurance policy was taken only for owner of the motorcycle hence, there was no contractual liability between the deceased and the insurance company but the Tribunal has passed pay and recover order, which is erroneous. Hence, requested to reject the application.

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I have heard both learned counsel. The deceased was the sole earning member of Applicants’ family. They need the amount for their daily expenses. The issue raised by the learned counsel for the

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Shantanu Dhudum 3/4

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33-FAST-25976-2022 aw IA.doc

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Respondents can be considered at the time of final hearing. Hence, I pass following order:

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ORDER

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i. Application is allowed.

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

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The interim application stands disposed of.

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( SHIVKUMAR DIGE, J.)

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Shantanu Dhudum 4/4

Anita Anant Shinde and Ors. v. the United India Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Anita Anant Shinde and Ors. v. the United India Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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