Shri. Ramashankar Ramavadh Pandey And ORS. v. The New India Assurance Co. Ltd.,Thane

Tauseef 47.IA.30324.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION TAUSEEF LAIQUEE FAROOQUI INTERIM APPLICATION NO.30324 OF 2022 IN FIRST APPEAL (STAMP) NO.20040 OF 2018 TAUSEEF LAIQUEE FAROOQUI Date: 2023.03.13 10:49:02 +0530 Shri. Ramashankar Ramavadh Pandey & Ors.

... Applicant V/s.

The New India Assurance Co. Ltd.

... Respondents ***** Mrs. Shalini Shankar for Applicant.

Mr. Y. M. Pendse a/w Mr. Amit Chaudhary for Respondent Nos.1 to 6. *****

CORAM

: S.G. DIGE, J.

DATED : 8 MARCH, 2023 P.C.:

1.

Heard learned counsel for the Applicant and learned counsel for Respondent Nos.1 to 6.

2.

Learned Counsel for the Applicant states that the deceased was sole earning member of Applicants' family. Applicants have no source of income. They need the amount for their daily expenses. The accident had occurred in the year 2001, since then the Applicants have not received any compensation. Hence, requested to allow the Application.

3.

Learned counsel for Respondent Nos.1 to 6 strongly objected to allow the Application on the ground that Tribunal has

Tauseef 47.IA.30324.2022.doc considered monthly income of deceased on higher side and on that basis excessive compensation has been awarded which is challenged by the Respondents by way of Appeal. Hence, requested to dismiss the Application.

4.

I have heard both learned counsels. The deceased was sole earning member of the Applicants' family. Applicants have no source of income. The accident had occurred in the year 2001, since then Applicants have not received any compensation. Hence, I pass following .

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.

(S.G. DIGE, J.)