Allowed¶26

Shri Babulal Rammurat Shah and Anr. v. Future Generali India Insurance Co. Ltd. and Anr.

Bombay HC18 Jun 2025IA/9484/2024

Case brief

AI extract

What is this about?

Interim withdrawal of amount pending appeal; 40% withdrawal with accrued interest on furnishing undertaking; 74% permanent partial disability from accidental injuries; daily and medical expenses; insurer (Future Generali India Insurance Co. Ltd.) objection on higher-side disability assessment and claimant continuing in service deferred to final hearing; Bombay High Court, Civil Appellate Jurisdiction; Shivkumar Dige, J.; IA No. 9484 of 2024 in First Appeal (ST) No. 23009 of 2023; decided 18 June 2025.

What did the court decide?

Permission to the Applicant to withdraw 40% of the amount along with accrued interest thereon, on furnishing an undertaking; the interim application is allowed and disposed of. ¶26

Shri Babulal Rammurat Shah and Anr. vs Future Generali India Insurance Co. Ltd. and Anr. — Bombay HC (2025) — LawSathi Research

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36-IA-9484-2024 withdraw.doc

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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. 9484 OF 2024 IN

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FIRST APPEAL (ST) NO. 23009 OF 2023

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Shri. Babulal Rammurat Shah …. Applicant

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IN THE MATTER BETWEEN Future Generali India Insurance Co. Ltd.

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…. Appellant

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Versus

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Shri. Babulal Rammurat Shah and Anr. …. Respondents

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Mr. Niketan Nakhawa, Advocate for the Applicant.

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Mr. Rajesh Kanojia i/b Res Juris, Advocate for Appellant / Insurance Company.

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Digitally signed bySHANTANU SHANTANUSHANKARSA SHANKARSADHUDUM DHUDUM Date: 2025.06.20 11:21:08 +0530

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CORAM : SHIVKUMAR DIGE, J. DATE : 18^th JUNE, 2025.

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P.C. :

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Heard learned counsel for the Applicant and learned counsel for the Appellant/Insurance Company.

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By this application, the Applicant is seeking withdrawal of the amount.

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Learned counsel for the Applicant submits that due to accidental injuries, the Applicant has suffered 74% permanent partial disbility. He needs the amount for his daily expenses and medical

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Shantanu Dhudum 1/2

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36-IA-9484-2024 withdraw.doc

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expenses. Hence, requested to allow the application.

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Learned counsel for the Appellant/Insurance Comapny strongly objected to allow the appliation on the ground that the disability is considred on higher side, and after the accident Applicant is continued in his service. Hence, requested to reject the application.

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I have heard both learned counsel.

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The Applicant is suffered 74% permanent partial disability due to accidental injuries. He needs the amount for his daily expenses and medical expenses. The issue raised by the Appellant/Insurance Company can be considered at the time of final hearing of the appeal, and I pass following order.

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ORDER

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i. The Application is allowed.

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ii. The Applicant be permitted to withdraw 40% amount along with accrued interest thereon, on furnishing undertaking.

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. The interim application is allowed and disposed of.

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( SHIVKUMAR DIGE, J.)

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Shantanu Dhudum 2/2

Shri Babulal Rammurat Shah and Anr. v. Future Generali India Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Shri Babulal Rammurat Shah and Anr. v. Future Generali India Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

Case details

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