Allowed

Shri. Sunil Janu Kulye and Ors. v. Hdfc Ergo General Insurance Co. Ltd. Thr. Manager and Ors.

Bombay HC1 Apr 2024IA/1585/2024

Case brief

AI extract

What is this about?

In an interim application before a first appeal regarding an insurance claim, the High Court allowed the applicant to withdraw 30% of the deposited amount along with accrued interest while the matter of policy authenticity is reserved for the final hearing.

What did the court decide?

Withdrawal of 30% of the deposited amount along with accrued interest on furnishing usual undertaking.

Shri. Sunil Janu Kulye and Ors. Vs Hdfc Ergo General… — Consumer Protection | Bombay HC (2024)

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44-ia-1585-2024-fa-240-2020.doc

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Shubhada S Kadam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.1585 OF 2024

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FIRST APPEAL NO. 240 of 2020

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Sunil Janu Kulye	…	Applicant
In the matter of
HDFC ERGO General Insurance Co.Ltd. Through the Manager	….	Appellant
versus
Sunil Janu Kulye and ors.	…	Respondents.

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Mr. Niketan Nakhawa, Advocate for the Applicant. Ms. Sweta Shah i/b. Mr. A. P. Kulkarni, Advocate for the Appellant. Mr. Rajesh Kanojia i/b. Res Juris, Advocates for Respondent No.3.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 1^st APRIL, 2024.

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P.C. :

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SHUBHADA SHANKAR KADAM

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Digitally signed by SHUBHADA SHANKAR KADAM Date: 2024.04.02 11:04:30 +0530

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Heard learned counsel for the applicant, learned counsel for appellant-Insurance Company and learned counsel for respondent No.3. 2. Learned counsel for the applicant submitted that due to accidental injuries, the applicant has suffered 30% permanent physical disability. After the accident, the applicant is unable to do any work, he needs the amount for daily expenses. Hence, requested to allow the application.

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1/2

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44-ia-1585-2024-fa-240-2020.doc

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Shubhada S Kadam

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Learned counsel for appellant - Insurance Company submitted that the policy produced on record by the applicant is a fake policy but this fact is not considered by the Tribunal, hence, requested to reject the application.

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I have heard all learned counsel. The applicant has suffered 30% permanent physical disability. Due to accidental injuries, he is unable to do any work. He needs the amount for his daily expenses. The issue raised by the appellant-Insurance Company 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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The applicant is permitted to withdraw 30% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking.

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The application is disposed of.

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(SHIVKUMAR DIGE, J.)

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Shri. Sunil Janu Kulye and Ors. v. Hdfc Ergo General Insurance Co. Ltd. Thr. Manager and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Sunil Janu Kulye and Ors. v. Hdfc Ergo General Insurance Co. Ltd. Thr. Manager and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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