Smt. Priyanka Mithun Kambale And ANR. v. Reliance General Insurance Company Limited

23-2-IA-2191-24 IN FAST-32019-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2191 OF 2024 IN FIRST APPEAL (ST) NO.32019 OF 2018 Smt.Priyanka Mithun Kambale & Anr.

.... Applicants V/s.

by NILAM SANTOSH KAMBLE Date: 2024.03.05 10:52:51 +0530 NILAM SANTOSH KAMBLE Reliance General Insurance Co. Ltd., Thr.

Its Corporate Office .... Respondent ---- Mr.Anand Patil, for the Applicants.

Mr.Rahul Mehta i/b KMC Legal, for the Respondent. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 4th MARCH 2024 P.C:- .

Heard learned counsel for the Applicants and learned counsel for the Respondent.

2.

The learned counsel for the Applicants submit that the deceased was only 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 Insurance Policy N.S. Kamble page 1 of 2

23-2-IA-2191-24 IN FAST-32019-18.doc was produced on record, which is fake and fabricated policy, but this fact is not considered. 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