Shilpa Bharat Itadkar And ORS. v. Dilip Suparilal Gupta And ANR.
Shubhada S Kadam 32-IA-17872-2023-FA-1231-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17872 OF 2023 IN FIRST APPEAL NO. 1231 OF 2023 Shilpa Bharat Itadkar and Ors.
... Applicants/ Claimants In the matter of SBI General Insurance Co. Ltd.
...
Appellant
Versus
Shilpa Bharat Itadkar and Ors.
...
Respondents Ms. Priyanka Dable, Advocate for the Applicants/original claimants. Mr. Rajesh Kanojia along with Ms.Deepika Prabhula i/b. Res Juris, Advocates for the Appellant.
CORAM : SHIVKUMAR DIGE, J.
DATE : 9th JANUARY, 2024.
P.C. :
1.
Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.
2.
Learned counsel for the applicants submitted that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for daily expenses. Hence, requested to allow the application. 3.
Learned counsel for appellant- Insurance Company submitted that the offending vehicle was not involved in the accident, in spite of that, SHUBHADA SHANKAR KADAM it is shown as offending vehicle. The eye-witness, who was examined. SHUBHADA SHANKAR KADAM Date: 2024.01.11 10:47:56 +0530 1/2
Shubhada S Kadam 32-IA-17872-2023-FA-1231-2023.doc has stated that he had seen a truck, whereas the offending vehicle is a tempo but these facts are not considered by the Tribunal. 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. The grounds raised by learned counsel for the appellant-insurance company can be considered at the time of final hearing of the appeal. Hence, I pass the following order :
O R D E R
1.
The application is allowed.
2.
The applicants are permitted to withdraw the 30% amount along with accrued interest therein, out of the deposited amount, on furnishing usual undertaking.
The application is disposed off.
(SHIVKUMAR DIGE, J.) 2/2