Smt. Malan Rambhaji Shinde v. The Oriental Insurance Co.Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3775 OF 2020 IN FIRST APPEAL NO.905 OF 2019 Smt.Malan Rambhaji Shinde ...Applicant

IN THE MATTER BETWEEN

The Oriental Insurance Co. Ltd.

...Appellant

Versus

Smt.Malan Rambhaji Shinde & Anr.

...Respondents

---- Mr.C.M. Lokesh i/b Mr.G.S. Hegde, for the Applicant. Mr.Sandeep S. Jinsiwale for the Appellant.

Mr.Y.G. Thorat a/w Ms.Mallika R. Pujari h/f Mr.D.D. Shinde, for Respondent No.2.

---- CORAM : S.G. DIGE, J.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.12.08 17:42:32 +0530 DATE : 6 DECEMBER 2022 P.C:- .

Heard learned counsel for the Applicant and the learned counsel for the Respondent.

2.

The learned counsel for the Applicant submits that the Applicant is mother of the deceased. The deceased was Karta of the Family. The Accident is occurred in the year 2007. The Applicant is 63 years old lady. She has having no source of N.S. Kamble page 1 of 3

income. She needs the amount for her daily expenses and medical expenses. This Court has in connected group of matters permitted the Applicant therein to withdraw 50% of the amount. The Applicant has already permitted to withdraw Rs.2 Lakhs out of the deposited amount.

3.

The learned counsel for the Respondent submitted that the Respondent has preferred an Appeal against the impugned judgment on the ground of the non involvement of the vehicle Respondent, if this Court has permitted the Applicant to withdraw the amount and the Respondents succeeds in the Appeal it would be difficult to recover the amount. Hence requested to dismiss the Application.

4.

I have heard both the counsel.

5.

The Applicant is mother of the deceased. She is old lady, she has no source of income. She needs the amount for her daily expenses and medical expenses.

6.

This Court has already permitted the Applicant to withdraw Rs.2 Lakhs out of the deposited amount, hence I pass following order:-

ORDER

(i) The Application is allowed.

N.S. Kamble page 2 of 3

(ii) The Applicant is permitted to withdraw Rs.75,000/- along with accrued interest out of the deposited amount.

(iii) Call Record and Proceedings.

(iv) Stand over to 24 January 2023.

(S.G. DIGE, J.) N.S. Kamble page 3 of 3