Shabana Iqbal Sayed And ORS. v. The Reliance General Insurance Company Ltd., Mumbai And ANR.

7-1-IA-1713-24 IN FA-232-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1713 OF 2024 IN FIRST APPEAL NO.232 OF 2023 Shabana Iqbal Sayed & Ors.

.... Applicants by NILAM SANTOSH KAMBLE Date: 2024.03.13 15:57:02 +0530 NILAM SANTOSH KAMBLE V/s.

The Reliance General Insurance Co. Ltd., Mumbai .... Respondents ---- Mr.Pramod Purav i/b Mr.Niketan Nakhawa, for the Applicant Nos.1 to 4.

Ms.Kalpana Trivedi, for the Respondents.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 12th MARCH 2024 P.C:- .

Heard learned counsel for the Applicants.

2.

The learned counsel for the Applicants submit that, the deceased was sole earning member of Applicant's family. The Applicants needs the amount for their daily expenses. They have no source of income. Hence, requested to allow the Application. 3.

The learned counsel for the Respondent has objected to allow the Application on the ground that, the income N.S. Kamble page 1 of 2

7-1-IA-1713-24 IN FA-232-23.doc considered by the Tribunal is on higher side. Hence, requested to dismiss the Application.

4.

I have heard both the learned counsel.

5.

The deceased was only earning member of the family, the Applicants needs the amount for their daily expenses. They have no source of income. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.

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