Ramesh Yellapa Pawar And ORS. v. The New India Assurance Co.Ltd., Mumbai

52-D-IA-14687-2023 IN FA-205-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14687 OF 2023 IN FIRST APPEAL NO.205 OF 2023 Ramesh Yellapa Pawar & Ors.

....Applicants V/s.

The New India Assurance Co. Ltd., Mumbai ....Respondents by NILAM SANTOSH KAMBLE Date: 2023.12.28 11:52:43 +0530 NILAM SANTOSH KAMBLE ---- 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 Applicants 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-D-IA-14687-2023 IN FA-205-23.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 Applicants are permitted to withdraw 30% amount along with accrued interest thereon on furnishing undertaking.

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