Kalpana Bhanudas Pharande And ORS. v. United India Insurance Co. Ltd., Mumbai
Shantanu Dhudum 55-IA-7703-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION Digitally signed by SHANTANU SHANKARSA DHUDUM Date:
2024.05.10 09:14:28 +0530 SHANTANU SHANKARSA DHUDUM INTERIM APPLICATION NO. 7703 OF 2024 IN FIRST APPEAL NO. 705 OF 2024 Kalpana Bhanudas Pharande & Ors.
....Applicants
IN THE MATTER BETWEEN
United India Insurance Co. Ltd. Mumbai ....Appellant
Versus
Kalpana Bhanudas Pharande & Ors.
....Respondent ----- Mr. Shailesh Chavan i/b Mr. Milind Deshmukh, Advocate for the Applicants/Respondents.
Ms. S. S. Dwivedi, Advocate for the Appellant/Insurance Company. ----- CORAM : SHIVKUMAR DIGE, J.
DATE : 8th MAY, 2024.
P.C. :
1.
By this application, Applicants are seeking withdrawal of the amount.
2.
It is contention of learned counsel for the Applicants that deceased was the sole earning member of Applicants' family. Applicants have no source of income. Applicants need the amount for 1/2
Shantanu Dhudum 55-IA-7703-2024.doc their daily expenses. Hence, requested to allow the Application. 3.
Learned counsel for the Appellant/Insurance Company vehemently submitted that there was 23 days delay for filing the F.I.R. Accident occurred due to negligence of the deceased but this fact is not considered by the Tribunal. Hence, requested to reject the Application.
4.
I have heard both learned counsel.
5.
Deceased was the sole earning member of the Applicants' family. Applicants have no source of income. Applicants need the amount for their daily expenses. The issue raised by learned counsel for the Appellant/Insurance Company can be considered at the time of final hearing of the Appeal and, I pass following order:
ORDER
i. Application is allowed.
ii. The Applicants are permitted to withdraw 30% amount as per his share, out of deposited amount along with accrued interest thereon, on furnishing undertaking.
. The interim application stands disposed of. (SHIVKUMAR DIGE, J.) 2/2