Nisha Milind Kamble And ORS. v. Hdfc Ergo General Insurance Co.Ltd.

38-IA-16778-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.16778 OF 2023 IN FIRST APPEAL (ST) NO.17525 OF 2022 Nisha Milind Kamble And Ors.

...Applicants

Versus

HDFC Ergo General Insurance Co. Ltd.

...Respondent

____________________________________ Ms. Sweta Shah h/f Mr. Abhijit Kulkarni for the Appellant. Mr. Akshay Kulkarni for Respondent and Applicant. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 2 NOVEMBER, 2023.

P.C.:

1.

This Interim Application is filed for withdrawal of the amount deposited by the Insurance Company.

2.

It is stated that in the Interim Application that Applicant No.1 has no source of income and she has responsibility of four children on her shoulder. The children of the deceased are taking education, but it is by SUNNY ANKUSHRAO THOTE Date: 2023.11.03 19:59:41 +0530 SUNNY ANKUSHRAO THOTE difficult them due to financially constraints and therefore, it is also difficult for the Applicants to maintain their day to day affairs financially.

4.

I have heard both the sides and I have gone through the contents of the Interim Application.

5.

50% of the 'Award' amount awarded to the Applicant Nos. 1, 1/2 Sunny Thote

38-IA-16778-2023.doc 2 and 3 are allowed to be withdrawn along with accrued interest as per the ratio mentioned in the impugned Judgment and Award, upon furnishing an undertaking before the concerned MACT to the effect that if they fail in this First Appeal, they will return the amount with interest, at such rate as may be directed by this Court at the time of disposal of the First Appeal.

6.

The Registry to see that the money is transferred to the account of the Applicant.

7.

Balance amount shall be invested in the fixed deposit of a nationalized bank initially, for a period of one year and thereafter for like period depending the pendency of this Court. 8.

All the parties to act on an authenticated copy of this order. 9.

The interim application is accordingly disposed of. (RAJESH S. PATIL, J.) 2/2 Sunny Thote