Jaisingh Bhagwan Nalawade (Died) Thr His Legal Heirs Sangeeta Jaising Nalawade And ORS v. M/S. Oriental Insurance Co. Ltd., Thr Its Asstt. Manager (Legal Hub) Aurangabad And ANR

{1} CA 14658 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CIVIL APPLICATION NO.14658 OF 2022 IN FA/499/2022 JAISINGH BHAGWAN NALAWADE (DIED) THR HIS LEGAL HEIRS SANGEETA JAISING NALAWADE AND ORS

VERSUS

M/S. ORIENTAL INSURANCE CO. LTD., THR ITS ASSTT. MANAGER (LEGAL HUB) AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Dattatraya R. Markad Advocate for Respondent No.1 : Mr.Vinayak Narayan Upadhye, ...

CORAM : S. G. DIGE, J.

DATE : 17th October, 2022 PER COURT :- 1.

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

2.

Learned counsel for the applicants submits that the deceased was son of applicant No.1 and brother of applicant No.2. Due to fateful accident, applicant No.1 lost her son. Due to demise of the deceased, there is no source of income for livelihood of the applicants' family. Applicants are facing hardship as they have no money for their livelihood. Hence, requested to allow the application.

{2} CA 14658 OF 2022 3.

Learned counsel for respondent No.1 submits that at the time of the accident, the deceased was not holding efective and valid driving licence, hence, respondent No.1 is not liable to pay the compensation. Hence, requested to dismiss the application. 4.

I have heard both the learned counsel. The deceased was the earning member of the applicants' family. Applicants need amount for their daily expenses. Issue raised by the learned counsel for respondent No.1 can be considered at the time of fnal hearing. The Tribunal has already fastened liability on respondents to pay the compensation. Hence, I pass the following order :-

ORDER

(i) Application is allowed.

(ii) Applicants are permitted to withdraw 50% amount alongwith accrued interest thereon on furnishing undertaking. (iii) Application is disposed of.

( S. G. DIGE ) JUDGE SPT