Ganpat Tanu Pendhari And ANR. v. Reliance General Insurance Co. Ltd. Mumbai And ORS.

32-IA-11419-2025 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11419 OF 2025 IN FIRST APPEAL(ST) NO. 17704 OF 2025 Ganpat Tanu Pendhari And Anr.

...Applicants

Versus

Reliance General Insurance Co. Ltd.

Mumbai And Ors.

...Respondents

----- Adv. B. S. Patil, Advocate for the Applicants. Adv. Akshay Kulkarni, Advocate for Respondent-Insurance Co. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 16th DECEMBER, 2025.

P.C. :

1.

By this application, the applicants are seeking withdrawal of the amount.

2.

It is contention of learned counsel for the applicants that deceased was the only earning member of their family. Applicants have no source of income. They need the amount for their expenses and requested to allow the application.

3.

It is contention of learned counsel for respondent-Insurance Company that at the time of accident, driver of offending vehicle was ZIP 1/2

32-IA-11419-2025 (C).doc not having valid driving license and compensation awarded by the Tribunal is on higher side and requested to reject the application. 4.

I have heard both learned counsel. Perused the impugned judgment and order passed by the Tribunal.

5.

Deceased was the sole earning member in their family. Applicants need the amount for their expenses. Issue raised by the learned counsel for the respondent-Insurance company, can be considered at the time of the final hearing of the appeal. Considering these facts, I pass the following order :

ORDER

A.

Application is allowed;

B.

Applicants are permitted to withdraw the 50% amount out of the total deposited amount by the respondent-Insurance Company along with accrued interest thereon by furnishing usual undertaking.

6.

Application is disposed off.

( SHIVKUMAR DIGE, J.) ZIP 2/2