Chandrashekhar Bapurao Chandramore v. Bajaj Allianz General Insurance Company Ltd. By And Through Its Divisional Officer And ORS.

Shubhada S Kadam 23-ia-19388-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19388 OF 2022 IN FIRST APPEAL NO.1270 OF 2022 Chandrashekhar Bapurao Chandramore ....Applicant

Versus

Bajaj Allianz General Insurance Company Ltd.

....Respondent Mr. Sandeep Barve along with Ms. Sonali Patil i/b. B. K. Barve and Co., Advocates for the Applicants.

CORAM : SHIVKUMAR DIGE, J.

DATE : 14th MARCH 2023.

P.C. :

1.

It is the contention of learned counsel for the applicants that the deceased was the only earning member of the applicants' family. After his death, the applicants have no source of income. The applicants need the amount for their daily expenses. Hence, requested to allow the application.

2.

Learned counsel for respondent No.1-Insurance Company strongly objected to allow the application on the ground that at the Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.03.17 13:18:10 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 23-ia-19388-2022.doc time of the accident, the driver of the offending vehicle was not holding valid and effective driving license, in spite of that, the Tribunal has awarded compensation, which is improper. Hence, requested to dismiss the application.

3.

I have heard both learned counsel.

4.

The deceased was the only earning member of the applicants' family. The applicants need the amount for their daily expenses. They have no source of income. The issue raised by learned counsel for respondent No.1 -Insurance Company can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

"1.

The applicants are permitted to withdraw 50% of the amount deposited along with accrued interest thereon upon furnishing undertaking."

The civil application stand disposed of.

(SHIVKUMAR DIGE, J.) 2/2