Smt. Swati Ajit Pawar And ORS. v. New India Assurance Company Ltd. Through Mumbai Regional Office-2

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3266 OF 2016 IN FIRST APPEAL NO.790 OF 2016 Swati Ajit Pawar and others .... Applicants.

V/s.

New India Assurance Co.Ltd .... Respondents Ms. Varsha Chavan, for the Applicant.

Mr. Devendranath S. Joshi, for the Respondent CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24 TH AUGUST, 2016.

P.C. :

1.

This application is preferred by original claimant seeking withdrawal of certain amount, on the ground that they are having no source of income and to repay the loan taken by them for their maintenance and education of children. The total amount deposited by the Insurance Company is Rs.26,42,833/-. Though learned counsel for respondent Insurance Company submits that statutory defence raised in challenging the claim is that the deceased was not having driving licence and hence appeal needs to be heard on merits, having regard to the fact that applicants are in urgent need of money, at least some amount needs to be granted to them. Application is allowed. Applicants are permitted to 1/2 12 CAF 3266 OF 2016.doc

withdraw an amount of Rs.10,00,000/- on furnishing usual undertaking, at this stage with liberty to file fresh application as and when necessary for further amounts.

2.

Application is disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 12 CAF 3266 OF 2016.doc