Smt.Sujata Vishwanath Biman And ORS. v. Reliance General Insurance Co.Ltd., Thane

Shubhada S Kadam 902-ia-1236-2023-fa-362-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1236 OF 2023 IN FIRST APPEAL NO.362 OF 2022 Sujata Vishwanath Biman & Ors.

....Applicants

Versus

Reliance General Insurance Company Ltd.

& anr.

....Respondents Ms. Rina Kundu, Advocate for the Applicants.

Ms. Megha Keluskar i/b. Ms. Shalini Shankar, Advocate for Respondent No.1/Appellant..

CORAM : SHIVKUMAR DIGE, J.

DATE : 19th APRIL, 2023.

P.C. :

1.

Heard learned counsel for the applicants and learned counsel for the respondent No.1.

2.

Learned counsel for the applicants submits that deceased was the sole earning member of the applicants' family. The applicants have no source of income, the applicants need the amount for daily expenses, hence, requested to allow the application.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.04.24 11:40:55 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 902-ia-1236-2023-fa-362-2022.doc 3.

Learned counsel for the respondent No.1-insurance company strongly objected to allow the application on the ground that the accident was caused due to sole negligence of the deceased but the Tribunal has not considered this fact and has awarded excessive and exorbitant compensation. Hence, requested to dismiss the application.

4.

I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. Hence, I pass the following order.

O R D E R

1.

The application is allowed.

2.

The applicants are permitted to withdraw 50% amount, out of the deposited amount along with interest accrued thereon, on furnishing undertaking. The application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2