M/S. Reliance General Insurance Co. Ltd. Mumbai v. Sonam Dilip Yadav And ORS.
Digitally signed by HEMANT CHANDERSEN SHIV Date:
2025.04.03 12:56:04 +0300 HEMANT CHANDERSEN SHIV H.C. SHIV 8.ia3173.25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3173 OF 2025 IN FIRST APPEAL NO.1832 OF 2024 WITH FIRST APPEAL NO.1832 OF 2024 Smt. Sonam Dilip Yadav and Ors.
... Applicants In the matter between M/s. Reliance General Insurance Co. Ltd.
... Appellant vs.
Smt. Sonam Dilip Yadav and Ors.
... Respondents Ms. Rina Kundu for the Applicants.
Ms. Yashika Jain i/b Kalpana Trivedi for the Appellant. CORAM : SHYAM C. CHANDAK, J.
DATE : 1st APRIL 2025 P. C. :
INTERIM APPLICATION NO.3173 OF 2025 .
Learned Advocate for the Applicants, at the outset, seeks leave to amend the Application. Leave granted. Amendment to be carried out forthwith.
2) Heard.
3) Present Application filed by the Original claimantsRespondent Nos.1, 3 to 5 seeking withdrawal of the compensation amount. 4) Learned Advocate for the Appellant opposed the Application. 1/2
H.C. SHIV 8.ia3173.25.doc 5) The accident occurred on 27th January 2020. The deceased was the only earning member of the family. The Applicants are in need of money to meet domestic and other requirements of the family. However, Respondent Nos.4 and 5 are minors.
6) The Tribunal has directed that the interest accrued on the share of Respondent Nos.4 and 5 be disbursed to Applicant No.1. 7) In view thereof, Applicant Nos.1 and 3 are permitted to withdraw 50% of the compensation amount of their share with proportionate interest subject to furnishing an undertaking that, in case the Appellant succeeds in this Appeal, the Applicant Nos.1 and 3 would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount with Nationalized bank giving highest interest from time to time.
8) Application is disposed of.
FIRST APPEAL NO.1832 OF 2024 .
Learned Advocates for the parties state that Appeal be taken up for final hearing.
2) Call for Record and Proceedings.
3) Stand over to 22nd April 2025.
(SHYAM C. CHANDAK, J.) 2/2