Nasim Bano Said Ahmad Ansari v. The Oriental Insurance Co Ltd Through Its Branch Office

{1} CA 14605 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CIVIL APPLICATION NO.14605 OF 2022 IN FAST/20942/2022 NASIM BANO SAID AHMAD ANSARI

VERSUS

THE ORIENTAL INSURANCE CO LTD THROUGH ITS BRANCH OFFICE ...

Advocate for Applicant : Mr.Mayure Pramod C.

Advocate for Respondent No.1 : Mr. D. P. Deshpande ...

CORAM : S. G. DIGE, J.

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

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

2.

Learned counsel for the applicant submits that deceased was the Karta of the applicant's family. Applicant has no source of income. He is facing starvation. He needs the amount for daily expenses. Hence, requested to allow the application. 3.

It is the contention of the learned counsel for respondent No.1 that there was breach of permit. Hence, respondent No.1 is not liable to pay the compensation. The contention of respondent No.1 was not considered by the Tribunal. Hence, requested to dismiss the application.

{2} CA 14605 OF 2022 4.

I have heard both the learned counsel. The deceased was Karta of applicant's family. Applicant has no source of income. He needs the amount for daily expenses. The ground raised by respondent No.1 that at the time of accident, the vehicle was not equipped with valid permit. It can be considered at the time of final hearing. Hence, I pass the following order :e

ORDER

(i) Application is allowed.

(ii) Applicant is permitted to withdraw 75% amount alongwith accrued interest thereon out of deposited amount on furnishing undertaking.

(iii) Application is disposed of.

( S. G. DIGE ) JUDGE SPT