Mrs. Mintodevi Phoolchandra And ORS. v. The New India Assurance Co. Ltd.,Mumbai
Shubhada S Kadam 41-ia7263-2024-fa-156-2024(withdrawal).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7263 OF 2024 IN FIRST APPEAL NO. 156 OF 2024 Mintodevi Phoolchandra and ors.
.... Applicants In the matter of The New India Assurance Co. Ltd., Mumbai.
... Appellant versus Mintodevi Phoolchandra and ors.
.... Respondents Mr. T. R Kale i/b. Mr. Deepak S. Kilaje, Advocate for the Applicants/Claimants.
Mr. Rajesh Kanojia i/b. Res Juris, Advocate for the Appellant. CORAM : SHIVKUMAR DIGE, J.
DATE : 5th APRIL, 2024.
P.C. :
1.
Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.
2.
Learned counsel for the applicants submitted that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. Hence, requested to allow the application. 3.
Learned counsel for appellant - Insurance Company strongly objected to allow the application on the ground that, at the time of SHUBHADA SHANKAR KADAM accident, the driver of the offending vehicle was not holding effective and SHUBHADA SHANKAR KADAM Date: 2024.04.10 12:15:25 +0530 1/2
Shubhada S Kadam 41-ia7263-2024-fa-156-2024(withdrawal).doc valid driving license and, this fact is proved before the Tribunal, in spite of that, the Tribunal has awarded compensation against the appellantInsurance Company, which is erroneous. Hence, requested to reject the application.
4.
I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants need the amount for their daily expenses. The applicants have no source of income. The grounds raised by the appellant-Insurance Company can be considered at the time of final hearing of the appeal. Hence, I pass the following order :
O R D E R
1.
The application is allowed.
2.
The applicants are permitted to withdraw 40% amount along with accrued interest therein, out of the deposited amount, on furnishing usual undertaking.
The application is disposed of.
(SHIVKUMAR DIGE, J.) 2/2