Mr. Devidas Rajaram Desai And ORS. v. The New India Assurance Co.Ltd., Mumbai Thr.Its Authorized Representative Sourin Saha

52-A-IA-14367-23 IN FA-173-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14367 OF 2023 IN FIRST APPEAL NO.173 OF 2023 Mr.Devidas Rajaram Desai & Ors.

....Applicants V/s.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.12.28 10:51:17 +0530 The New India Assurance Co. Ltd., Mumbai, Thr.

Its Authorized Representative Sourin Saha ....Respondents ---- Mr.Rajesh Kanojia i/b Res Juris, for the Applicants. Mr.Sainand Chaugule, for the Respondents.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 21st DECEMBER 2023 P.C:- .

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

2.

The learned counsel for the Applicants submit that, the deceased-Applicant was sole earning member of the family. The Applicant's needs the amount for their daily expenses. They are facing starvation as there is no source of income. Hence, requested to allow the Application.

N.S. Kamble page 1 of 2

52-A-IA-14367-23 IN FA-173-23.doc 3.

The learned counsel for the Respondent-Insurance Company has objected to allow the Application on the ground that, the driver of the offending vehicle was not holding effective and valid license instead of that, Tribunal has awarded compensation. Hence, requested to dismiss the Application. 4.

I have heard both the learned counsel.

5.

The deceased was sole 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 learned counsel for Respondent-Insurance Company 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 Applicant's are permitted to withdraw 30% amount along with accrued interest thereon on furnishing undertaking.

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