Disposed

Ushatai Sanjiv Bargir v. Shriram General Insurance Company Limited

Bombay HC25 Apr 2024IA/2122/2024

Case brief

AI extract

What is this about?

Interim application in a motor accident first appeal seeking withdrawal of deposited compensation by a claimant with 75% permanent disability and amputation of her right leg below knee. The court allowed withdrawal of 25% of the deposited amount with accrued interest on furnishing an undertaking.

What did the court decide?

Applicant permitted to withdraw 25% of the deposited amount with accrued interest upon furnishing usual undertaking; application allowed and disposed of.

Ushatai Sanjiv Bargir Vs Shriram General Insurance… — Motor Accident Claims | Bombay HC (2024)

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38- IA 2122 of 2024.doc

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Tikam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2122 OF 2024

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VAISHALI ANIL

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FIRST APPEAL (ST) NO. 35452 OF 2023

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TIKAM

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Digitally signed by VAISHALI ANIL TIKAM Date: 2024.05.02 12:24:26 +0530

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Ushatai Sanjiv Bargir	… Applicant
In the matter between
Shriram General Insurance Company Limited	... Appellant
versus
Ushatak Sanjiv Bargir and Ors.	…. Respondents

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Mr. Sarthak S. Diwan, Advocate for the Applicant in IA 2122 of 2024 and for Respondent No.1 in FAST 35452 of 2023.

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Mr. Pandit Kasar, Advocate for Respondent -Insurance Company (Org. Appellant).

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 25^th APRIL, 2024.

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P.C. :

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By this Application, the Applicant is seeking to withdraw the

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amount.

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It is contention of learned counsel for the Applicant that due to accidental injuries, the Applicant has suffered 75% permanent disability.

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Her right leg below knee has been amputated. The Applicant has no source of income. She needs the amount for daily expenses and medical expenses. Hence, requested to allow the application.

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38- IA 2122 of 2024.doc

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Tikam

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Learned counsel for the Respondent -Insurance Company submits that the vehicle involved in the accident is belongs to brother of the claimant, which has been falsely involved in this matter. The FIR is lodged after 21 days of the accident. But this fact has not been considered by the Tribunal. Hence, requested to reject the application.

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I have heard both learned counsel. The applicant has suffered 75% permanent disability in the accident. Her right leg below knee has been amputated. She has no source of income. She needs the amount of daily expenses and medical expenses. The issue raised by the learned counsel for the Respondent -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 applicants are permitted to withdraw 25% 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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Ushatai Sanjiv Bargir v. Shriram General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Ushatai Sanjiv Bargir v. Shriram General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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