Allowed¶27

Shaukiya N. Kazi and Anr. v. Divisional Manager, Bharti Axa General Insurance Company Ltd.

Bombay HC10 Mar 2025IA/16185/2024

Case brief

AI extract

What is this about?

Bombay High Court interim order (Shivkumar Dige, J., 6 January 2025) in IA No. 16185 of 2024 in First Appeal No. 959 of 2024 — Shaukiya N. Kazi & Anr. v. Divisional Manager, Bharati Axa General Insurance Co. Ltd. Application allowed; Applicant No.1 permitted to withdraw 50% of the deposited compensation amount with accrued interest on furnishing undertaking. Contentions that the Tribunal's award was excessive and that the deceased was solely negligent kept open for final hearing. No statutes or case law cited; relevant for interim withdrawal of deposited motor-accident compensation.

What did the court decide?

Applicant No.1 permitted to withdraw 50% of the deposited amount along with accrued interest thereon, on furnishing an undertaking. ¶27

Shaukiya N. Kazi and Anr. vs Divisional Manager, Bharti Axa General Insurance Company Ltd. — Bombay HC (2025) — LawSathi Research

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63-IA-16185-24 IN FA-959-24-Corrected.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.16185 OF 2024 IN

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FIRST APPEAL NO.959 OF 2024

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Shaukiya N. Kazi & Anr. …. Applicants

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V/s.

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Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2025.03.11 16:09:10 +0530

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Divisional Manager, Bharati Axa General …. Respondents Insurance Co. Ltd.

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Mr.Yogesh Pande, for the Applicants. Mr.Rahul Mehta, for the Respondent.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 6^th JANUARY 2025

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P.C:-

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. Heard learned counsel for the Applicants.

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The learned counsel for the Applicants submit that

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the deceased was sole earning member of Applicant’s family. The Applicants needs the amount for their daily expenses. They have no source of income. Hence, requested to allow the Application.

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The learned counsel for the Respondent has objected

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to allow the Application on the ground that the Tribunal has

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awarded compensation on higher side without any reasonable

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This preacipe is moved for speaking to the minutes of order dated 10^th March 2025

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N.S. Kamble page 1 of 2

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63-IA-16185-24 IN FA-959-24-Corrected.doc

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ground and the accident occurred due to sole negligence of the deceased. Hence, requested to dismiss the Application.

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I have heard both the learned counsel.

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The deceased was only earning member of the family, the Applicant’s needs the amount for their daily expenses. They have no source of income. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass

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following order.

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ORDER

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