Allowed

Mr. Omkar Dattatray Tawade v. the Reliance General Insurance Co. Ltd.

Bombay HC16 Jan 2024IA/344/2024

Case brief

AI extract

What is this about?

Application by the claimant for withdrawal of deposited compensation in motor accident claim. The Court permitted withdrawal of 50% of the deposited amount along with proportionate interest, noting the claimant's 90% disability and lack of income, while objections by the insurer were reserved for final hearing.

What did the court decide?

Permitted to withdraw 50% of deposited amount of Rs. 18,87,105/- along with proportionate interest on furnishing usual undertaking.

Mr. Omkar Dattatray Tawade Vs the Reliance General… — Execution and Attachment | Bombay HC (2024)

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56A-IA-344-2024.doc

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S.S.Kilaje

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 344 OF 2024

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IN

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FIRST APPEAL NO. 401 OF 2021

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Omkar Dattatray Tawade … Applicant
IN THE MATTER BETWEEN:
The Reliance General Insurance Co. Ltd. … Appellant

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Digitally SONALI signed bySONALISATISH SATISH KILAJE Date: KILAJE 2024.02.1219:18:16 +0530

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 Versus

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Omkar Dattatray Tawade and Anr....Respondents

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Ms. Kavita Anchan i/b. Mr. Vishal A. Dhende, Advocate for the Applicant.
Ms. Kalpana R. Trivedi, Advocate for Appellant.

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CORAM : SHIVKUMAR DIGE, J. DATE : 16^th JANUARY, 2024.

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P.C. :

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1. Heard learned counsel for the applicant.

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2.By this application, applicant is seeking withdrawal of amount. It is
the contention of learned counsel for the applicant that applicant has
suffered 90% disability. Due to accidental injuries, he has no source of

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income. He need the amount for daily expenses. Hence, requested to allow
the application.

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3.Learned Counsel for the Appellant/ Insurance Company strongly
objected to allow the application, as monthly income of the applicant is
considered on higher side and on that basis compensation is awarded,
hence requested to reject the application.

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 This order corrected/modified as per speaking to minutes of order dated 8th February, 2024.

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S.S.Kilaje56A-IA-344-2024.doc

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4.I have heard both the learned Counsel. The applicant has suffered
90% disability. Due to accidental injuries he has no source of income. He
need the amount for daily expenses. The grounds raised by the
appellant/Insurance Company can be considered at the time of final
hearing of the appeal. Hence, Considering this fact, I pass following order :

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O R D E R

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(i) The application is allowed.

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(ii) The applicant is permitted to withdraw 50%
amount, out of the deposited amount of Rs.
18,87,105/- along with proportionate interest
accrued thereon on furnishing usual
undertaking.

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5. The interim application is disposed off.

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(SHIVKUMAR DIGE, J.)

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 This order corrected/modified as per speaking to minutes of order dated 8th February, 2024.

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Mr. Omkar Dattatray Tawade v. the Reliance General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Omkar Dattatray Tawade v. the Reliance General Insurance Co. Ltd.

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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