Rupa Suhas Chavan And ORS. v. Bajaj Allianz General Insurance Co. Ltd., Mumbai

56-1-IA-497-25 IN FA-997-24-WITHDRAWL.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.497 OF 2025 IN FIRST APPEAL NO.997 OF 2024 Rupa Suhas Chavan & Ors.

.... Applicants V/s.

by NILAM SANTOSH KAMBLE Date: 2025.01.18 13:44:59 +0530 NILAM SANTOSH KAMBLE Bajaj Allianz General Insurance Co. Ltd., Mumbai .... Respondents ---- Ms.Snehal Jadahv i/b Mr.Sarthak Diwan, for the Applicant Nos.1 to 4.

Ms.Kalpana Trivedi i/b Mr.Jitendra Gor, for the Respondents. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 16th JANUARY 2025 P.C:- .

Heard learned counsel for the Applicants.

2.

The learned counsel for the Applicants submit that the deceased was sole earning member of Applicant's family. The Applicants 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 cheque which N.S. Kamble page 1 of 2

56-1-IA-497-25 IN FA-997-24-WITHDRAWL.doc was issued as a premium of the policy is dishonored and this fact is not considered by the Tribunal and no evidence in that regard is recorded. 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