Miss. Christiline Dattaram Patil and Anr. v. M/S. Reliance General Insu. Co.Ltd.

Bombay HC13 Jan 2025IA/376/2025

Case brief

AI extract

What is this about?

Interim withdrawal application; motor accident claimant; 38% disability; no source of income; daily expenses; release of 25% of deposited amount with accrued interest on usual undertaking; insurer's act only policy objection deferred to final hearing of appeal; Reliance General Insurance Co. Ltd. v. Christiline Dattaram Patil and anr.; First Appeal Stamp No. 4099 of 2020; Interim Application No. 376 of 2025; High Court of Judicature at Bombay, Civil Appellate Jurisdiction; Shivkumar Dige, J.; decided 13 January 2025; single-judge order; no statutes or precedents cited.

What did the court decide?

Permission to the applicant to withdraw 25% of the deposited amount along with the accrued interest therein, on furnishing the usual undertaking; the application was thereafter disposed of. ¶¶22

Miss. Christiline Dattaram Patil and Anr. vs M/S. Reliance General Insu. Co.Ltd. — Bombay HC (2025) — LawSathi Research

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Shubhada S Kadam 49-ia-376-2025-fast-4099-2020(withdrawal).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 376 of 2025 in

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FIRST APPEAL STAMP NO. 4099 of 2020

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Christiline Dattaram Patil … Applicant/ Org.Claimant

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In the matter of Reliance General Insurance Co.Ltd. … Appellant versus Christiline Dattaram Patil and anr. …. Respondents

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Mr. H. S. Gupta i/b. Mr. S. R. Gupta, Advocate for the Applicant. Ms. Kalpana R. Trivedi, Advocate for the Appellant.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 13^th JANUARY, 2025.

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P.C. :

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Heard learned counsel for the applicant and learned counsel for appellant-Insurance Company.

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By this application, the applicant is seeking withdrawal of the amount. Learned counsel for the applicant submits that due to accidental injury, the applicant has suffered 38% disability. The applicant has no source of income, she needs the amount for daily expenses. Hence, requested to allow the application.

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SHUBHADA SHANKAR KADAM

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Digitally signed by SHUBHADA SHANKAR KADAM Date: 2025.01.15 11:49:40 +0530

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Learned counsel for appellant - Insurance Company strongly objected to allow the application on the ground that the policy was act only policy, hence, the Tribunal should not have granted compensation but this fact is not considered. Hence, requested to reject the application.

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49-ia-376-2025-fast-4099-2020(withdrawal).doc

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Shubhada S Kadam

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I have heard both learned counsel. Due to accidental injuries, the applicant has suffered 38% disability. The applicant has no source of income, she needs the amount for her daily expenses. The grounds raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

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O R D E R

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