Shrimati Latabai Shivaji Raut v. Reliance General Insurance Co Ltd

13574.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 CIVIL APPLICATION NO. 13574 OF 2022 IN FIRST APPEAL NO.1010 OF 2022 SHRIMATI LATABAI SHIVAJI RAUT AND ANOTHER

VERSUS

RELIANCE GENERAL INSURANCE CO LTD AND OTHERS ...

Mr.K.B. Jadhav, advocate for applicants.

Mr. A.S. Usmanpurkar, Advocate for respondent no.1 ...

CORAM : S.G.DIGE, J.

DATE : 26.09.2022 P.C. :

.

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

2.

The learned counsel for the applicants submits that the applicants are the parents of the deceased. The deceased was Karta of the family. The applicants have no source of income. They require the amount for their daily expenses. Hence requested to allow the application. 3.

The learned counsel for respondent no.1 submitted that the exorbitant compensation is granted by the Tribunal, which is challenged by respondent no.1 by way of filing appeal. Hence requested to dismiss the application.

13574.22CA 4.

I have heard both learned counsel. The applicants are the parents of the deceased. The deceased was Karta of the applicants' family. They have no source of income. They required the amount for their daily expenses. Hence I pass the following order :-

ORDER

(i) The application is allowed.

(ii) The applicants are permitted to withdraw 50% amount out of the deposited amount along with accrued interest thereon on furnishing an usual undertaking before the learned Registrar (Judicial).

(iii) The applicants are permitted to withdraw 25% amount along with interest accrued thereon out of deposited amount on furnishing solvent surety. (iv) The civil application is disposed of.

[S.G.DIGE] JUDGE SGA