Smt. Rani Laxman Lakde And ORS. v. Reliance General Insurance Co.Ltd.

Bhalchandra 16 IA-4049-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4049 OF 2023 IN FIRST APPEAL NO. 177 OF 2022 Smt. Rani Laxman Lakde & Ors.

...Applicants

IN THE MATTER BETWEEN

Reliance General Insurance Co. Ltd.

...Appellant

Versus

Smt. Rani Laxman Lakde & Ors.

...Respondents

Ms. Mayuri Mangeshkar i/by Ms. Kalpana Trivedi for the Appellant. Mr. Yogesh Pande for the Applicants/Respondents.

CORAM

: SHIVKUMAR DIGE, J.

DATE : 24th APRIL, 2023.

P. C. :

1.

Learned Counsel for the Applicants submits that the deceased was the sole earning member of the Applicants' family. Applicants have no source of income. Applicants need amount for daily expenses and for paying education fees for Applicant Nos. 2 and 3. Hence, requested to allow the Application.

2.

Learned Counsel for the Appellant-Insurance Company strongly objected to allow the Application on the ground that the Tribunal has considered monthly income of the deceased on higher side

Bhalchandra 16 IA-4049-2023.odt and on that basis exorbitant and excessive compensation is awarded. Hence, requested to dismiss the Application.

3.

I have heard both learned Counsel.

4.

Deceased was sole earning member of the Applicants' family. Applicants have no source of income. Applicants need the amount for daily expenses and for paying the education fees of Applicant Nos.2 and

3. The issue raised by the learned Counsel for the Appellant can be considered at the time of final disposal of the Appeal. Hence, I pass following order :

ORDER

i.

Application is allowed.

ii.

Applicants are permitted to withdraw 50% amount out of deposited amount alongwith accrued interest thereon, on furnishing an undertaking.

iii.

Application is disposed of.

(SHIVKUMAR DIGE, J.)