Allowed

Mr. Sandeep Jayaram Khot and Anr. v. Magma Hdi General Insurance Company Ltd.,Thane and Anr.

Bombay HC18 Apr 2024IA/7702/2024

Case brief

AI extract

What is this about?

In this interlocutory application, the Bombay High Court allowed the applicant to withdraw 30% of the deposited insurance compensation along with accrued interest, subject to furnishing an undertaking, while deferring the appeal's merits to the final hearing.

What did the court decide?

The applicant is permitted to withdraw 30% of the deposited amount along with accrued interest on furnishing an usual undertaking.

Mr. Sandeep Jayaram Khot and Anr. Vs Magma Hdi General Insurance… — Insurance | Bombay HC (2024)

¶1

35.1-IA-7702-24.doc

¶2

S.S.Kilaje

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

INTERIM APPLICATION NO. 7702 OF 2024 IN

¶6

FIRST APPEAL NO. 108 OF 2024

¶7

Sandeep Jayaram Khot … Applicant

¶8

In the matter between

¶9

Magma HDI General Insurance Company Ltd. … Appellant

¶10

 Versus

¶11

Sandeep Jayaram Khot and Anr. ...Respondents

¶12

Mr. Jitendra Gor, Advocate for Applicant.
Mr. Pandit Kasar, Advocate for the Appellant.

¶13

 CORAM : SHIVKUMAR DIGE, J.
 DATE : 18th APRIL, 2024

¶14

P.C. :

¶15

1. By this application, the applicant is seeking withdrawal of

¶16

amount.

¶17

2.Learned counsel for the applicant submitted that due to
accidental injuries applicant has suffered 80% permanent physical
disability, his left hand is amputated. The applicant needs the amount for
medical expenses and daily expenses, hence requested to allow the
application.

¶18

3. Learned counsel for the Appellant-Insurance Company strongly objected to allow the application on the ground that applicant was riding

¶19

1/2

¶20

S.S.Kilaje35.1-IA-7702-24.doc

¶21

on motorcycle without helmet and he was traveling with other two pillion
riders. The Tribunal has considered 30% contributory negligence of the
applicant, however it should be 50%. Learned counsel further submitted
that the Tribunal has awarded compensation on higher side under various
heads, hence requested to reject the application.

¶22

4.I have heard both the learned counsel. The applicant has
suffered 80% permanent physical disability. Due to accidental injuries his
left hand is amputated. Applicant needs the amount for daily expenses
and medical expenses. The issue raised by the learned counsel for the
respondent can be considered at the time of final hearing of the appeal.
Hence, Considering this fact, I pass following order.

¶23

ORDER

¶24

i.The application is allowed.

¶25

ii.The applicant is permitted to withdraw the 30%
amount out of deposited amount along with accrued
interest thereon on furnishing usual undertaking.

¶26

5. The Interim application is disposed of.

¶27

(SHIVKUMAR DIGE, J.)

¶28

SONALISATISHKILAJE Digitally signedby SONALISATISH KILAJEDate: 2024.04.1918:03:41 +0530

¶29

2/2

Mr. Sandeep Jayaram Khot and Anr. v. Magma Hdi General Insurance Company Ltd.,Thane and Anr.

Case brief

What is this about?

What did the court decide?

Mr. Sandeep Jayaram Khot and Anr. v. Magma Hdi General Insurance Company Ltd.,Thane 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

Similar cases

Vandana Tejas Ughade Vs Tejas Ishwar Ughade

Icici Lombard General Insurance Co. Ltd., Pune Vs Chhaya Sadashiv Raut and Ors.

The New India Assurance Co. Ltd. Vs Mrs. Archana Ramesh Mali @ Magdum and Ors.

The New India Assurance Co. Ltd. through Mumbai Legal Hub vs Shri Jagannath Sopan Thopte and Gaikwad and Ors.

Shri. Jagannath Sopan Thopte @ Gaikwad and Ors. vs Mr. Pappu Ballu Prasad and Ors.

Swapnil Prakash Kulthe vs Nikita Swapnil Kulthe