Smt.Prajakta Prakash Kulkarni ... vs Bharati Axa General Insurance Co. ...
2022 Latest Caselaw 11681 Bom

                                                                                 25-i- ia-16601-22.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 16601 OF 2022
                                                      IN
                                          FIRST APPEAL NO. 748 OF 2017

                        Smt. Prajakta Prakash Kulkarni
                        w/o. Vijay Deshmukh                                     ..Applicant.

                                      v/s.

                        Bharati Axa General Insurance Co. Ltd.                  ..Respondents

                        Mr. Uday Nighot for the Applicant.
                        Mr. Nikhil Mehta i/b. KMC Legal Venture for the Respondent Insurance
                        Co.

                                                     CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th NOVEMBER, 2022.

P.C.

1. The Applicant-Original Claimant has sought withdrawal of the

balance amount deposited by the Appellant Insurance Company.

2. The Applicant had filed Claim Petition under Section 166 of the

Motor Vehicles Act in view of the injuries sustained in a motor

vehicular accident. By the impugned judgment, the Claims Tribunal has

awarded compensation of Rs.80,75,400/- with interest @ 9% per anum

from the date of petition till realization.

3. By order dated 5.12.2017 this Court had allowed the application to

withdraw Rs.30 Lakhs along with interest accrued thereon. Learned

Counsel for the Applicant states that the Applicant is in need of money Digitally signed by PRASANNA P for further treatment.

PRASANNA P SALGAONKAR SALGAONKAR Date:

2022.11.17 19:23:38 +0530

P P SALGAONKAR 1 of 2 25-i- ia-16601-22.doc

4. The challenge to the impugned judgment is restricted to the

quantum of compensation and breach of terms and conditions of the

policy viz. driving the vehicle on the strength of a fake driving license.

The records reveal that the Claimant has sustained permanent

disablement of 90% and the Tribunal has assessed the functional

disablement at 100%. The impugned judgment also reveals that the

Tribunal has not considered future prospects. It is stated that the

Applicant has no other source of income.

5. Considering the above facts and circumstances, particularly the

fact that the Applicant claimant needs the money for further treatment,

and she has no other source of income, the Applicant is permitted to

withdraw 50% of the balance compensation with proportionate interest

accrued thereon, subject to filing an undertaking that the amount will be

refunded with interest, in the event the Appellant succeeds in the appeal.

6. Application stands disposed of.

                                                         (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                           2 of 2