Akshara Rajesh Khade v. United India Insurance Co. Ltd. Through Divisional Manager

Shantanu Dhudum 45-IA-1702-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 1702 OF 2024 IN FIRST APPEAL (ST) NO. 18477 OF 2023 Smt. Akshara Rajesh Khade & Ors.

....Applicants

Versus

United India Insurance Co. Ltd.

....Respondent ----- Mr. Vijaykumar B. Dighe, Advocate for the Applicants. Mr. Rahul Mehta i/b KMC Legal Venture, Advocate for the Respondent.

----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.02.23 09:29:22 +0530 SHANTANU SHANKARSA DHUDUM DATE : 21st FEBRUARY, 2024.

P.C. :

1.

It is contention of learned counsel for the Applicants that deceased was the sole earning member of Applicants' family. Applicants have no source of income, they need the amount for daily expenses. Hence requested to allow the Application. 2.

Learned counsel for the Respondent/Insurance Company strongly objected to allow the Application on the ground that the income of the deceased is considered on higher side but, this fact is 1/2

Shantanu Dhudum 45-IA-1702-2024.doc not considered by the Tribunal hence, requested to reject the Application.

3.

I have heard both learned counsel. The deceased was the sole earning member of Applicants' family. Applicants have no source of income. They need the amount for daily expenses. Hence, I pass following order;

ORDER

i. Application is allowed.

ii. The Applicants are permitted to withdraw 30% amount along with accrued interest thereon, out of deposited amount, on furnishing usual undertaking. Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2