Mr. Somanna Gurappa Dashwant And ORS. v. The New India Assurance Co. Ltd.

95-IA-6550-2024 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6550 OF 2024 IN FIRST APPEAL NO. 584 OF 020 Mr. Somanna Gurappa Dashwant And Ors.

...Applicants

Versus

The New India Assurance Co. Ltd.

...Respondent

.....

Mr. Santosh Bhosale, for Applicant.

Adv. P. D. Alawekar, Advocate for Respondent No.2. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

11th DECEMBER 2025 P.C.

1.

Heard learned counsel for the applicants and learned IRESH MASHAL counsel for respondent. By this application, the applicant is seeking Digitally signed by IRESH MASHAL Date:

2025.12.19 17:46:30 +0530 withdrawal of the amount.

2.

It is contention of learned counsel for applicants that the deceased was sole earning member of the family. The applicant has no source of income. They need income income for daily expenses and requested to allow the application.

3.

It is contention of learned counsel for respondent that the Tribunal has considered monthly income of the deceased on higher Iresh

95-IA-6550-2024 (C).DOC side which is erroneous and requested to reject the application. 4.

I have heard both learned counsels. The deceased was sole earning member of the applicants' family. The applicants have no source of income. They need income for daily expenses. The issue raised by the respondents can be dealt at the time of final hearing of the appeal.

5.

In view of above, I pass following order:

O R D E R

I.

The application is allowed.

II.

The applicants are permitted to withdraw 50% of the deposited amount alongwith accrued interest thereon on furnishing usual undertaking.

6.

The application is disposed off accordingly.

(SHIVKUMAR DIGE, J.) Iresh