Mr.Bhima Dnyanoba Gaikwad And Anr vs Bajaj Allianz General Insurance ...
2021 Latest Caselaw 8472 Bom

P.H. Jayani                                                  03 CAF2914.2018.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                        CIVIL APPLICATION NO. 2914 OF 2018
                                        IN
                           FIRST APPEAL NO. 535 OF 2020

Mr. Bhima Dnyanoba Gaikwad
and anr.

In the matter between :-                               .... Applicants
Bajaj Allianz General Insurance
Company Limited                                        .... Appellant
      v/s.
Bhima Dnyanoba Gaikwad and ors.                        .... Respondents

                                       WITH
                        CIVIL APPLICATION NO.3506 OF 2017
                                        IN
                           FIRST APPEAL NO. 535 OF 2020
                                       WITH
                           FIRST APPEAL NO. 535 OF 2020

Bajaj Allianz General Insurance
Company Limited                                        .... Appellant/Applicant
      v/s.
Bhima Dnyanoba Gaikwad and ors.                        .... Respondents


Mrs. Rina Kundu for the Applicants.
Mrs. Yogita Deshmukh Chitnis for the Respondents.

                                   CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 25th JUNE, 2021.

P. C. :-

ORDER IN CIVIL APPLICATION NO.2914 OF 2018 :-.

.       The Applicants who are the Original Claimants have filed this






 P.H. Jayani                                                03 CAF2914.2018.doc

Application for withdrawal of compensation deposited by the Appellant

- Insurance Company as per the judgment and award dated

09/02/2017 passed by the learned Member, Motor Accident Claim

Tribunal, Thane in M.A.C.P. No.0100503/2014. By the impugned

judgment, the Claims Tribunal has awarded compensation of

Rs.8,53,565/- with interest @ 8% to the Applicants/Claimants who are

the parents of the deceased-Vijay Bhima Gaikwad due to injuries

sustained in a motor vehicular accident on 08/12/2013.

2. The Applicants have claimed that they have no regular source of

income and they are in need of money for their day-to-day expenses.

Having gone through the records and also the reasons stated in the

Application, the Applicant Nos.1 and 2 are permitted to withdraw 50%

of the compensation with proportionate interest accrued thereon.

Suffice it to say that that the withdrawal shall be subject to the final

outcome of the Appeal. The Applicants shall give an undertaking

before the Tribunal that they shall abide by the order that may be

passed in the Appeal.

3. Civil Application No.2914 of 2018 stands disposed of.

ORDER IN CIVIL APPLICATION NO.3506 OF 2017 :-

P.H. Jayani 03 CAF2914.2018.doc

4. Not on board. With consent, taken on board.

5. Learned counsel for the Appellant states that the entire amount

has been deposited before the Tribunal. In the light of said statement,

execution and implementation of the impugned judgment and award

dated 09/02/2017 is stayed till the disposal of the Appeal.

6. Civil Application No.3506 of 2017 stands disposed of.

ORDER IN FIRST APPEAL NO.535 OF 2020 :-

7. Not on board. With consent, taken on board.

8. Mrs. Rina Kundu, learned counsel waives service on behalf of

Respondent Nos.1 and 2. In view of order dated 11/03/2020 in

IA/1/2019, issue notice to Respondent No.3, returnable on

23/07/2021. Private service is permitted.

(SMT. ANUJA PRABHUDESSAI, J.)