Disposed

Kusum Dattatraya Suryavanshi ( Deleted) and Ors. v. General Manager, Iffco Tokio Insu.Co. Ltd. and Anr.

Bombay HC6 May 2024IA/8472/2024

Case brief

AI extract

What is this about?

Interim application in a first appeal against an insurance company seeking release of deposited compensation. The court allowed withdrawal of 25% of the deposited amount with accrued interest, subject to undertaking, deferring substantive issues to final hearing.

What did the court decide?

Applicants permitted to withdraw 25% of deposited amount with accrued interest, subject to filing usual undertaking.

Kusum Dattatraya Suryavanshi ( Deleted) and Ors. Vs… — Motor Accident Claims | Bombay HC (2024)

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50-IA-8472-2024.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. 8472 OF 2024 IN

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FIRST APPEAL NO. 246 OF 2024

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Kusum Dattatraya Suryavanshi (Deleted) and Ors. … Applicants

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IN THE MATTER BETWEEN :

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Dy. General Manager, Iffco Tokiyo General Insurance … Appellant
Company Ltd.

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 Versus

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Kusum Dattatraya Suryavanshi (Deleted as per ...Respondents
Exhibit 17) and Ors.

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Mr. Pritesh K. Bohade, Advocate for the Applicant.
Mr. Rahul Mehta i/b. KMC Legal Venture, Advocate for Appellant.

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 CORAM : SHIVKUMAR DIGE, J.
 DATE : 6th MAY, 2024.

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P.C. :

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1. Heard learned counsel for the Applicants and learned counsel for Appellant.

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2.It is the contention of learned counsel for the Applicants that the
deceased was the sole earning member of the Applicants’ family.
Applicants have no source of income. They need the amount for their
daily expenses. Hence requested to allow the application.

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3. Learned counsel for the Appellant-Insurance Company strongly objects for allowing the application and requested to reject the application.

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1/2

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50-IA-8472-2024.doc

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S.S.Kilaje

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4. I have heard both the learned Counsel. The deceased was a sole

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earning member of the applicants’ family. They need the amount for daily
expenses. The issue raised by the Appellant -Insurance Company can be
considered at the time of final hearing. Considering this facts, I pass
following order:

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O R D E R

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(i) Application is allowed.

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(ii) Applicants are permitted to withdraw 25% amount out of deposited amount along with accrued interest thereon, subject to filing usual undertaking.

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5. Interim Application is disposed of.

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 (SHIVKUMAR DIGE, J.)

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Digitally signed SONALI by SONALISATISH KILAJE SATISH Date: 2024.05.09 KILAJE 12:00:58+0530

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Kusum Dattatraya Suryavanshi ( Deleted) and Ors. v. General Manager, Iffco Tokio Insu.Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Kusum Dattatraya Suryavanshi ( Deleted) and Ors. v. General Manager, Iffco Tokio Insu.Co. Ltd. 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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