Smt. Haseena Munnawar @ Munnwar Mhaldar v. The New India Assurance Co. Ltd.,Thane

5-1-IA- 7370-25 IN FA-508-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7370 OF 2025 IN FIRST APPEAL NO. 508 OF 2022 Smt. Haseena Munnawar @ Munnwar Mhaldar .... Applicants V/s.

by NILAM SANTOSH KAMBLE Date:

2025.08.13 12:03:13 +0530 NILAM SANTOSH KAMBLE The New India Assurance Co. Ltd., Thane .... Respondent ---- Mr.Y.M. Pendse, for Applicant Nos.1 to 4.

Mr.S.M. Dange, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 12th AUGUST 2025 P.C:- .

Heard learned counsel for the Applicants.

2.

The learned counsel for the Applicant's submit that the deceased was sole earning member of Applicant's family. The Applicant's needs the amount for their daily expenses. They have no source of income. Hence, requested to allow the Application. 3.

The learned counsel for the Respondent has objected to allow the Application on the ground that the Tribunal has N.S. Kamble page 1 of 2

5-1-IA- 7370-25 IN FA-508-22.doc awarded compensation on higher side without evidence on record. Hence, requested to dismiss the Application. 4.

I have heard both the learned counsel.

5.

The deceased was only earning member of the family, the Applicant's needs the amount for their daily expenses. They have no source of income. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 25% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2