Bajaj Allianz General Insurance ... vs Mrs.Pravina Uttamji Jain And Ors
2022 Latest Caselaw 3893 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.04.12
             18:30:09 +0530




                                                                  1/2                07 FA(st)-14115.17.odt


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                             FIRST APPEAL (STAMP) NO.14115 OF 2017
                                                             ALONG WITH
                                                CIVIL APPLICATION NO.3379 OF 2019
                                                             ALONG WITH
                                                CIVIL APPLICATION NO.1698 OF 2017
                                                             ALONG WITH
                                                CIVIL APPLICATION NO.6694 OF 2018


                                   Bajaj Allianz General Insurance Co. ]
                                   Limited.                            ]         ...           Appellant

                                                Vs.

                                   Pravina Uttamji Jain & Ors.              ]    ...          Respondents

                                                                   ...
                                   Mr. Devendranth S. Joshi for the appellant.

                                   Ms. Kalpana Trivedi for the respondent Nos.1 and 2.
                                                                   ...

                                                            CORAM : SMT. BHARATI DANGRE, J.

                                                            DATED       : 11TH APRIL, 2022.

                                   P.C. :-
                                                   CIVIL APPLICATION NO.6694 OF 2018

1. By the present application, the claimants being the wife of AJN 2/2 07 FA(st)-14115.17.odt

the deceased, his mother and the minor son seek withdrawal of the amount deposited by the Insurance Company, in furtherance of the orders passed by this court pursuant to which the impugned judgment awarding compensation in their favour by the MACT, Mumbai came to be stayed. The Registry has recorded that the Insurance Company has deposited a cheque of Rs.14,38,375/-.

2. Heard the learned counsel Ms. Trivedi for the claimants and Mr. Joshi for the Insurance Company.

3. On perusal of the application, it can be seen that the claimants are in dire financial distress as the only bread earner in the family has met with an accident and succumbed. It is stated that the applicants require the amount for their bare survival.

4. Considering the request made in the application, I am inclined to grant the same by permitting the applicants to withdraw an amount of Rs.10 lakhs, subject to an undertaking being submitted by applicant Nos.1 and 2 that in case the Insurance Company succeeds in the appeal, the amount shall be brought back along with interest that may be decided by the court at the time of hearing of the appeal.

5. The civil application is disposed of in the above terms.

[SMT. BHARATI DANGRE, J.] AJN