Smt Ranjana Shantaram Kamble And ORS v. Reliance General Insurance Company Limited

6-ia-482-2020.doc Chitra Sonawane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.482 OF 2020 IN FIRST APPEAL NO.74 OF 2019 Ranjana S. Kamble & Ors.

]..Applicants.

IN THE MATTER BETWEEN:

Reliance General Insurance Co.Ltd.

]... Appellant Vs.

Ranjana S. Kamble & Ors.

]... Respondents.

.....

Mr.Vasant N. More a/w Mr.A.R. Hanwate, for the applicants. Miss D.Shalini Shankar, for the appellant in F.A.No.74/2019. CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 11TH MARCH, 2021.

P.C.

1.

Heard Mr.Vasant N.More, the learned Counsel for the applicants. He prays for withdrawal of amount of compensation deposited by the insurer pursuant to the judgment and award passed by the M.A.C.T., Raigad at Alibag on 6th September 2017. It is submitted that due to COVID-2019 Pandemic situation, the applicants have lost their jobs and have no source of income. Applicant no.1 being widow of the deceased and even rest of the applicants were dependents of the deceased who are now in financial constraints.

6-ia-482-2020.doc 2.

Learned Counsel for the insurer, however, objects withdrawal of the amount by contending that except the widow, rest of the applicants are major and married and therefore, there is no dire need of any amount of compensation to be paid to them. 3.

It is of common knowledge that due to COVID-2019 Pandemic situation, several persons have lost their employments. It appears that the applicants are mainly from poor background and therefore, in the interest of justice, it would be desirable to allow them to withdraw some amount of compensation. Thus, the applicants are permitted to withdraw 60% amount of compensation with accrued interest.

4.

At the time of withdrawal, the applicants shall give Undertakings that in case the appeal succeeds, they will refund the amount as per the decision of the appeal on merits. 5.

Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]