Alisha Naim Bhojkar and Anr. vs Bajaj Allianz General Insurance Company Ltd. Thr. the Divisional Manager — Bombay HC (2025) — LawSathi Research

Alisha Naim Bhojkar and Anr. vs Bajaj Allianz General Insurance Company Ltd. Thr. the Divisional Manager — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Stay of the impugned Judgment and Award dated 22.03.2024 till final adjudication of First Appeal No.1205 of 2024; Applicants permitted to withdraw 35% of the compensation amount of their share with proportionate interest, subject to undertaking to refund with interest if the Appellant succeeds; remaining amount to be invested by the Tribunal with a nationalized bank giving highest interest; statutory deposit in this Court to be transferred to the Tribunal. Both Interim Applications Nos.10810 and 14421 of 2024 stand disposed of.

Issue for consideration

Whether the impugned Judgment and Award dated 22nd March, 2024 passed by the learned Member, Motor Accident Claims Tribunal at Kolhapur in MACP No.38/2022 should be stayed till the final adjudication of First Appeal No.1205 of 2024. +1 more

Court's answer

The impugned Judgment and Award dated 22nd March, 2024 is stayed till the final adjudication of the Appeal (First Appeal No.1205 of 2024).

Ratio / Principle

The Applicants are permitted to withdraw 35% of the compensation amount of their share along with proportionate interest accrued thereon.

Key takeaways

The withdrawal is subject to the usual undertaking that if the Appellant succeeds in the Appeal, the Applicants/Claimants will refund the said amount alongwith interest as directed by this Court.ratio¶24
The Tribunal shall invest the remaining amount with a nationalized bank giving highest interest from time to time, and the statutory amount deposited in this Court shall be transferred to the Tribunal.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (Shyam C. Chandak, J.; 10-02-2025) — First Appeal No.1205 of 2024 with Interim Applications Nos.10810 and 14421 of 2024 (The Divisional Manager, Bajaj Allianz General Insurance Co. Ltd. v. Alisha Naim Bhojkar and ors.). The insurer appealed against the Judgment and Award dated 22nd March, 2024 of the learned Member, Motor Accident Claims Tribunal, Kolhapur in MACP No.38/2022. Noting that the insurer had deposited the entire awarded amount with the Tribunal, the Court stayed the impugned Judgment and Award till the final adjudication of the Appeal and disposed of IA No.10810 of 2024. On the claimants' application (IA No.14421 of 2024), the Court — observing that the Applicants are the wife and mother of the deceased and were dependent on his income — permitted them to withdraw 35% of the compensation amount of their share along with proportionate interest accrued thereon, subject to the usual undertaking to refund the amount with interest as directed by the Court if the Appellant succeeds in the Appeal; directed the Tribunal to invest the remaining amount with a nationalized bank giving highest interest from time to time; and ordered transfer of the statutory amount deposited in the High Court to the Tribunal. IA No.14421 of 2024 was disposed of accordingly.

19 IA14421.2024.doc

P.H. Jayani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 10810 OF 2024

FIRST APPEAL NO. 1205 OF 2024

The Divisional Manager, Bajaj Allianz General Insurance Co. Ltd. …. Appellant V/s. Alisha Naim Bhojkar and ors. …. Respondents

WITH

INTERIM APPLICATION NO. 14421 OF 2024

FIRST APPEAL NO. 1205 OF 2024

Alisha Naim Bhojkar and anr. …. Applicants In the matter between :- The Divisional Manager, Bajaj Allianz General Insurance Co. Ltd. …. Appellant V/s. Alisha Naim Bhojkar and ors. …. Respondents

Mr. Jayant Bardeskar for the Applicants in IA/14421/2024. Mr. Sarthak Diwan for the Appellant/Applicant in FA and IA/10810/2024.

CORAM : SHYAM C. CHANDAK, J. DATED : 10^th FEBRUARY, 2025

P.C. :-

ORDER IN INTERIM APPLICATION NO. 10810 OF 2024 :-

. The present Application is seeking to stay the impugned Judgment and Award dated 22^nd March, 2024 passed by the learned Member, Motor Accident Claims Tribunal at Kolhapur in MACP No.38/2022.

Mr. Sarthak Diwan, learned Advocate for the Appellant/

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19 IA14421.2024.doc

P.H. Jayani

Applicant states that the Appellant – Bajaj Allianz General Insurance Co. Ltd. has deposited the entire amount with the Tribunal.

In view thereof, the impugned Judgment and Award dated 22^nd March, 2024 is stayed till the final adjudication of the aforesaid Appeal. 4) Interim Application No.10810 of 2024 stands disposed of. ORDER IN INTERIM APPLICATION NO. 14421 OF 2024 :-

By way of interim relief, this Application is seeking for withdrawal of the compensation amount deposited by the Appellant with the Motor Accident Claims Tribunal.

The Applicants are the wife and mother of the deceased. They were dependent on the income of the deceased.

In view thereof and considering the rival submissions, the Applicants are permitted to withdraw 35% of the compensation amount of their share along with proportionate interest accrued thereon subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicants/Claimants would refund the said amount alongwith interest as would be directed by this Court. The Tribunal shall invest the remaining amount with nationalized bank giving highest interest from time to time. The statutory amount deposited in this Court shall be transferred to the Tribunal.

Interim Application No.14421 of 2024 stands disposed of.

PREETI HEERO JAYANI

(SHYAM C. CHANDAK, J.)

Digitally signed by PREETI HEERO JAYANI Date: 2025.02.13 11:17:50 +0530

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