Bajaj Allianz General Insurance ... vs Shri Nandkumar Taranath Tamgade ...
2021 Latest Caselaw 10504 Bom

                                             1                          21 caf1453.21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.
               CIVIL APPLICATION (CAF) NO.1453 OF 2021 IN
                  FIRST APPEAL STAMP NO. 1725 OF 2019
   Bajaj Allianz General Insurance Co. Ltd., through its Executive Legal Vs.
                 Nandkumar Taranath Tamgadge and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.
                  Shri D.N. Kukday, Advocate for appellant.
                  Shri Tejas Deshpande, Advocate for respondent nos.1 and 2/applicants.


                                 CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 6th AUGUST, 2021.

Heard.

2. This is an application for withdrawal of amount deposited by the appellant-Insurance Company.

3. Learned counsel for applicants/respondent nos.1 and 2 submitted that the learned Member, Motor Accident Claims Tribunal, Kelapur in Motor Accident Claim Petition No.47 of 2008 awarded an amount of Rs.4,30,000/- with interest at the rate of 6% p.a. vide judgment and award dated 25.07.2018. The appellant-Insurance Company has challenged said award in this appeal. He submitted that the appellant has deposited an amount of Rs.6,94,621/- with the Registry of this Court.

4. Learned counsel for applicants/respondent nos.1 and 2 submitted that due to pandemic applicants are suffering financial crisis.

                                    2                       21 caf1453.21.odt

         5.             Considering    the   aforesaid    submissions,         the

applicant nos.1 and 2 are permitted to withdraw 75% of the amount deposited by the appellant with accrued interest thereon, on furnishing usual undertaking before the Registrar (Judicial).

6. The application stands disposed of.

JUDGE Wagh