Anusayabai Pandurang Jadhav And ... vs Bajaj Allianz General Insurance ...
2022 Latest Caselaw 8323 Bom

                                         1            937- C. A. No. 12167-2022.odt




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD
                 937 CIVIL APPLICATION NO.12167 OF 2022
                             IN FA/1614/2020

           ANUSAYABAI PANDURANG JADHAV AND ORS
                           VERSUS
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS MANAGER,
                        PUNE AND ANR
                               ...
       Advocate for Applicants : Mr. Ashutosh Kulkarni h/f
                                Mr. Panchal Shrinivas H.
     Advocate for respondent No.1 : Mr. S. G. Chapalgaonkar
                              ....

                                CORAM : S. G. DIGE, J.
                                DATE : 24.08.2022

PER COURT :-


                Heard learned counsel for the applicants and learned

counsel for respondent.

2.                Learned counsel for the applicants submits that

applicant No.1 is widow of deceased Pandurang Digambar Jadhav,

applicant Nos. 2 to 4 are the children of applicant No.1 and

deceased Pandurang Jadhav, applicant No.5 and 6 are the parents

of deceased Pandurang. The accident occurred in the year 2009.

Till date applicants have not received any compensation on

account of death of deceased.                Deceased was Karta of the

applicant's family, he was the only earning member. Applicants

are in need of the amount for education of the applicant Nos.2 to 4

and medical treatment of applicant Nos. 5 and 6. Applicants are




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                                         2           937- C. A. No. 12167-2022.odt



facing hardship for day-to-day activities due to paucity of funds.

Hence requested to allow the application.

3.                It is contention of the learned counsel for respondent

No.1 that the respondent No.1 has challenged the judgment and

award of Tribunal on various grounds. One of the ground is, false

involvement of the vehicle and exorbitant compensation awarded.

Hence requested to dismiss the application.


4.               I have heard both the learned counsel. The deceased

was Karta of family of the applicants.            Applicants are facing

hardship in day-to-day activities due to paucity of funds.                  They

need the amount for education of applicant Nos. 2 to 4 and

medical treatment of applicant Nos. 5 and 6. The issue raised by

respondent No.1 can be considered at the time of fnal hearing.

Hence I pass the following order.

                                ORDER

(i) The application is allowed.

(ii) Applicants are permitted to withdraw 25% amount along with accrued interest thereon out of deposited amount on furnishing undertaking.

(iii) List the First Appeal on 17th October, 2022.

(iv) Appellant to take steps against respondent No.7

( S.G. DIGE,) JUDGE ysk