Smt. Pushpa Akash Ingawale And ORS. v. The New India Assurance Co. Ltd., Pune And ANR.

22-ia-1390-2023 in fa-377-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1390 OF 2023 IN FIRST APPEAL NO.377 OF 2021 Smt.Pushpa Akash Ingawale & Ors.

...Applicants

Versus

The New India Assurance Co. Ltd., Pune & Mumbai

...Respondent

---- Mr.Yogesh Pande, for the Applicants.

Mr.Rajesh Kanojia a/w Ms.Nikita Singh, Ms.Aarushi Srivastava i/b Res Juris, for Respondent No.1.

---- CORAM : S.G. DIGE, J.

by NILAM SANTOSH KAMBLE Date: 2023.02.17 10:14:26 +0530 NILAM SANTOSH KAMBLE DATE : 14 FEBRUARY 2023 P.C:- .

Heard learned counsel for the Applicants and the learned counsel for Respondent No.1.

2.

The learned counsel for the Applicant submit that the deceased was husband of Applicant No.1 and father of Applicant Nos.2 and 3 and son of Applicant No.4.

3.

The deceased was sole bread earner of Applicants family. After death of deceased Applicants are facing starvation. They have no source of income. The Applicants needed the amount for their daily expenses and paying school fees of N.S. Kamble page 1 of 2

22-ia-1390-2023 in fa-377-2021.doc Applicant Nos.2 and 3. Hence, requested to allow the Application.

4.

The learned counsel for Respondent No.1 strongly objected to allow the Application on the ground that there was breach of terms of Insurance Policy. The offending jeep had passengers more than permitted capacity but this fact is not considered by the Tribunal and awarded exorbitant and excessive compensation. Hence, requested to dismiss the Application. 5.

I have heard both learned counsel.

6.

The deceased was sole bread earner of the Applicants family. The Applicants needed the amount for their daily expenses and paying school fees of Applicant Nos.2 and 3. The grounds raised by the Respondent can be considered at the time of the final hearing of the Appeal. Hence, I pass following order.

ORDER

(i) The Application is allowed.

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

(S.G. DIGE, J.) N.S. Kamble page 2 of 2