Allowed

Sandeep D. Bhosale v. the Oriental Insurance Co. Ltd., Mumbai and Anr.

Bombay HC8 May 2024IA/1531/2024

Case brief

AI extract

What is this about?

Application for interim release of funds allowed. The applicant, suffering from 50% permanent physical disability with no income, was permitted to withdraw 30% of the deposited amount along with accrued interest on furnishing an undertaking. The issue regarding the validity of the insurance policy was reserved for final hearing.

What did the court decide?

Permitted to withdraw 30% amount of deposited amount along with accrued interest on furnishing undertaking.

Sandeep D. Bhosale Vs the Oriental Insurance Co. Ltd., Mumbai and… — Insurance | Bombay HC (2024)

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53-IA-1531-2024.doc

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Shantanu Dhudum

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE SIDE JURISDICTION

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Digitally signed bySHANTANU SHANTANUSHANKARSA SHANKARSADHUDUM DHUDUM Date: 2024.05.10 09:14:34 +0530

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INTERIM APPLICATION NO. 1531 OF 2024

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FIRST APPEAL NO. 649 OF 2023

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Sandeep D. Bhosale ….Applicant IN THE MATTER BETWEEN The Oriental Insurance Co. Ltd. Mumbai. ….Appellant

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Versus

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Sandeep D. Bhosale & Anr. ….Respondents

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Mr. Niketan Nakhawa, Advocate for the Applicant/Respondent No.1. Mr. D. S. Joshi, Advocate for the Appellant/Insurance Company.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 8^th MAY, 2024.

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P.C. :

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By this application, Applicant is seeking withdrawal of the

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amount.

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Learned counsel for the Applicant submits that Applicant

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has suffered 50% permanent physical disability due to accidental

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injuries. Applicant is unable to do any work. He has no source of

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53-IA-1531-2024.doc

Shantanu Dhudum

income. He needs the amount for his daily expenses. Hence, requested to allow the Application.

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Learned counsel for the Respondent submits that the contract of insurance was void-ab-initio since the insurance policy was taken in the name of insured who was died almost a year before the date of insurance policy. Hence, requested to reject the Application.

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I have heard both learned counsel.

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Applicant has suffered 50% permanent physical disability. Applicant has no source of income. He needs the amount for his daily expenses. The issue raised by the learned counsel for the Appellant/Insurance Company can be considered at the time of final hearing of the Appeal and, I pass following order:

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ORDER

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i. Application is allowed.

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ii. Applicant is permitted to withdraw 30% amount, out of deposited amount along with accrued interest thereon,

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on furnishing undertaking.

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. The interim application stands disposed of.

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(SHIVKUMAR DIGE, J.)

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Sandeep D. Bhosale v. the Oriental Insurance Co. Ltd., Mumbai and Anr.

Case brief

What is this about?

What did the court decide?

Sandeep D. Bhosale v. the Oriental Insurance Co. Ltd., Mumbai 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

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