Fatima Shafi Shaikh (Since Deceased) And ORS. v. Reliance General Insurance Co. Ltd. And ANR.

S.S.Kilaje 64-IA-822-25-withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 822 OF 2025 IN FIRST APPEAL NO. 1765 OF 2024 Fatima Shafi Shaikh (died) And Ors.

... Applicants

Versus

Reliance General Insurance Co. Ltd. And Anr.

... Respondents .............

Mr. T. J. Mendon, Advocate for the Applicants. Ms. Kalpana Trivedi, Advocate for Respondent No.1-Insurance Company. CORAM : SHIVKUMAR DIGE, J.

DATED : 20th JANUARY, 2025.

P.C. :

by SONALI SATISH KILAJE Date:

2025.01.23 14:41:04 +0700 SONALI SATISH KILAJE 1.

By this application, applicants are seeking withdrawal of amount.

2.

It is the contention of learned counsel for the applicants that deceased was a sole earning member of applicants' family. Applicants were dependent on the income of deceased. Applicants need the amount for daily expenses. Applicants have no source of income. Hence, requested to allow the application.

3.

Learned counsel for the respondent No.1- Insurance company strongly objected to allow the application on the ground that the Tribunal has considered income of the deceased on higher side and compensation is awarded on higher side, hence requested to reject the application. 1/2

S.S.Kilaje 64-IA-822-25-withdrawal.doc 4.

I have heard both the learned counsel. The deceased was the sole earning member of the applicants' family. Applicants have no source of income. Applicants need the amount for daily expenses. The grounds raised by the respondent No.1 / Insurance Company can be considered at the time of final hearing of the appeal. Hence, considering this fact, I pass following order :

ORDER

(i) The application is allowed.

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

5.

The Interim application is disposed of.

( SHIVKUMAR DIGE, J.) 2/2