Jaywant Dattatraya Chougule v. The Reliance General Insurance Company Ltd., Kolhapur

Shubhada S Kadam 905-ia-3756-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3756 OF 2023 IN FIRST APPEAL NO.1123 OF 2022 Jaywant Dattatraya Chougule ....Applicant In the matter between The Reliance General Insurance Company Ltd.

.....Appellant verus Jaywant Dattatraya Chougule and ors.

.....Respondents Mr. Jayant Bardeskar, Advocate for the Applicant. Ms. Megha Keluskar i/b. Ms. Shalini Shankar, Advocate for the Appellant - Insurance Company.

CORAM : SHIVKUMAR DIGE, J.

DATE : 19th APRIL, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for the appellant-Insurance Company.

2.

Learned counsel for the applicant submits that deceased was the sole earning member of the applicant's family. The applicant has no source of income, the applicant needs the amount for daily expenses. Since the accident, the applicant has not Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.04.24 11:41:00 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 905-ia-3756-2023.doc received any compensation, hence, requested to allow the application.

3.

Learned counsel for the appellant-insurance company strongly objected to allow the application on the ground that the Tribunal has awarded excessive and exorbitant compensation. Hence, requested to dismiss the application.

4.

I have heard both learned counsel. The deceased was the sole earning member of the applicant's family. The applicant has no source of income, he needs the amount for his daily expenses. Hence, I pass the following order.

O R D E R

1.

The application is allowed.

2.

The applicant is permitted to withdraw 50% amount, out of the deposited amount along with interest accrued thereon, on furnishing undertaking.

The application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2