Hindurao Vishnu Nikam And ORS. v. The Divisional Manager, The New India Insurance Co. Ltd. Satara

111-IA-11093-2025 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11093 OF 2025 IN FIRST APPEAL(ST) NO. 32071 OF 2024 Hindurao Vishnu Nikam And Anr.

...Applicants In the matter between The Divisional Manager.

New India Assurance Co. Ltd.

...Appellant

Versus

Hindurao Vishnu Nikam And Ors.

...Respondents

------- Mr. Santosh Bhosale Advocate for the Applicants. None for the Respondents.

-------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

15th DECEMBER, 2025 P.C.

1.

By this application the applicants are seeking withdrawal of amount deposited by the appellant-Insurance Company in connection with the award passed by M.A.C.T. Satara.

2.

It is contention of learned counsel for the applicants that the deceased was sole earning member of their family. Applicants have no source of income. They needs the amount for their daily expenses. Hence, requested to allow the application.

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111-IA-11093-2025 (C).DOC 3.

Though the respondent Insurance company served, none present for the appellant-Insurance Company, hence, I am deciding the matter on merit.

4.

The deceased was the Kart of his family. He was the sole earning member of his family. Applicants have no source of income. They needs the compensation amount for their daily expenses. Considering this fact, I pass the following order:

O R D E R

(i) The application is allowed.

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

(iii) The application is disposed off.

(SHIVKUMAR DIGE, J.) zip