Sunil Udaykant Thakur And ANR. v. Reliance General Insurance Co.Ltd., Mumbai And ANR.

Shantanu Dhudum 52-IA-8471-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.05.10 09:14:39 +0530 SHANTANU SHANKARSA DHUDUM INTERIM APPLICATION NO. 8471 OF 2024 IN FIRST APPEAL (ST) NO. 1411 OF 2024 Sunil Udaykant Thakur & Anr.

....Applicants

IN THE MATTER BETWEEN

Reliance General Insurance Co.

Ltd. Mumbai ....Appellant

Versus

Sunil Udaykant Thakur & Anr.

....Respondents ----- Mr. Akshay Kulkarni, Advocate for the Applicants/Respondents. Mr. Akshay Kulkarni, , 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.

Learned counsel for the Applicants submits that Applicants has suffered 53% permanent physical disability due to accidental injuries. Applicant is unable to do any work. Applicants have no 1/2

Shantanu Dhudum 52-IA-8471-2024.doc source of income. They need the amount for their daily expenses. Hence, requested to allow the Application.

3.

Learned counsel for the Appellant/Insurance Company submits that accident has occurred due to sole 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.

Applicant has suffered 53% permanent physical disability. Applicants have no source of income. They need the amount for their daily expenses. The issue raised by the 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. Applicants are permitted to withdraw 30% amount, out of deposited amount along with accrued interest thereon, on furnishing undertaking.

. The interim application stands disposed of. (SHIVKUMAR DIGE, J.) 2/2