Bajaj Allianz General Insurance Co. Ltd. Thr. Its Legal Manager, Nagpur v. Sudhakar S/O Shalikram Kadaskar and Other

Bombay HC4 Feb 2025CAF/2709/2024

Case brief

AI extract

What is this about?

Interim release of deposited motor-accident compensation to claimant pending first appeal; amputation of right hand; loss of livelihood; artificial limb; accident dated 01.01.2018; delay of 9 days condoned; first appeal admitted, record summoned; Bajaj Allianz General Insurance Co. Ltd. v. Sudhakar s/o Shalikram Kadaskar; Nagpur Bench, Bombay High Court; Rohit W. Joshi, J.; 4 February 2025; withdrawal of Rs.15,00,000/- out of Rs.25,37,298/- on usual undertaking.

What did the court decide?

Respondent no.1 (original claimant) permitted to withdraw Rs.15,00,000/- out of the Rs.25,37,298/- deposited by the appellant Insurance Company, on furnishing usual undertaking; additionally, delay of 9 days condoned, first appeal admitted and record and proceedings called for. ¶¶19

Bajaj Allianz General Insurance Co. Ltd. Thr. Its Legal Manager, Nagpur Vs Sudhakar S/O Shalikram Kadaskar and Other — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶19

Issue for consideration

Whether respondent no.1, the original claimant, may be permitted to withdraw part of the compensation amount deposited by the appellant Insurance Company in this Court while the first appeal remains pending.

¶¶15

Court's answer

Respondent no.1, the original claimant, is permitted to withdraw Rs.15,00,000/- out of the Rs.25,37,298/- deposited by the appellant Insurance Company, on furnishing usual undertaking, the Court being guided by his amputation, loss of livelihood, need for an artificial limb, and the fact that the appeal is not likely to be decided in the near future.

¶¶18

Ratio / Principle

The delay of 9 days in filing the first appeal is condoned for the reasons stated in the application, and the appeal is directed to be registered.

¶¶10

Key takeaways

First Appeal Stamp No.16120 of 2024 is admitted.ratio¶¶12
Record and proceedings are called for in the admitted first appeal.ratio¶¶13
The civil application stands disposed of accordingly.ratio¶¶19

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench (Rohit W. Joshi, J.), 04-02-2025 — Civil Application (F) No.2709 of 2024 in First Appeal Stamp No.16120 of 2024, Bajaj Allianz General Insurance Co. Ltd. v. Sudhakar s/o Shalikram Kadaskar: Delay of 9 days in filing the first appeal condoned; appeal admitted and record and proceedings called for. In Civil Application (F) No.283 of 2025, the respondent no.1 original claimant — a driver whose right hand was amputated in an accident of 01.01.2018, who lost his livelihood and wants to implant an artificial limb — was permitted to withdraw Rs.15,00,000/- out of the Rs.25,37,298/- deposited by the appellant Insurance Company, on furnishing usual undertaking, the Court noting that the appeal was not likely to be decided in the near future. Civil application disposed of accordingly.

Bajaj Allianz General Insurance Co. Ltd. Thr. Its Legal Manager, Nagpur v. Sudhakar S/O Shalikram Kadaskar and Other

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co. Ltd. Thr. Its Legal Manager, Nagpur v. Sudhakar S/O Shalikram Kadaskar and Other

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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