Parvin Bee Shaikh Rauf Alias Paravinabi Rauf Shaikh And Others v. The Reliance General Insurance Company Limited Through Its Branch Manager

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1028 CIVIL APPLICATION NO.14488 OF 2022 IN FIRST APPEAL NO.1684 OF 2022 PARVIN BEE WD/O.SHAIKH RAUF @ PARAVINABI RAUF SHAIKH & OTHERS

VERSUS

RELIANCE GENERAL INSURANCE CO.LTD.

...

Advocate for the applicants : Mr.P.C.Mayure Advocate for respondent no.1 : Mr.Swapnil Patil h/f. Mr.R.H. Dahat ...

CORAM : S.G.DIGE, J.

DATE : 13.10.2022 P.C. :

1] 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 deceased was the karta of the family of the applicants. The applicants were dependent on the income of the deceased. After the death of the deceased, the applicants are facing starvation. They have no source of income. They need the amount for their daily expenses, hence, requested to allow the application.

3] The learned counsel for respondent no.1 submits that initially, FIR was lodged, stating that the deceased was driving the offending tractor. Lateron it was pleaded before the Tribunal that the deceased was working somewhere else and accident occurred. It shows that false involvement of the vehicle. The said fact is disputed before this Court by way of this appeal, hence, requested to dismiss the application.

4] I have heard both learned counsel. The deceased was the Karta of the family of the applicants. The Tribunal has fastened the liability on the respondents considering all the facts. The issue raised by the respondents can be considered at the time of final hearing of the appeal. The applicants needed 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 25% amount along with accrued interest thereon out of deposited amount on furnishing undertaking. The applicants are also permitted to withdraw 25% amount along with accrued interest thereon out of deposited amount on furnishing solvent surety / security. iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC