Sunita Kumar Patil And ORS. v. New India Assurance Co. Ltd., Kolhapur

Shubhada S Kadam 52-ia-1372-2024-fa-360-2023(withdrawal).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1372 of 2024 in FIRST APPEAL NO. 360 of 2023 Sunita Kumar Patil and ors.

... Applicants/ Org.Claimants In the matter of The New India Assurance Company Limited ... Appellant versus Sunita Kumar Patil and ors.

.... Respondents Mr. Bhushan Walimbe, Advocate for the Applicants/Original Claimants. Mr. Himanshu Takke i/b. Mr. M. V. More, Advocate for the Appellant. Mr. Avesh Ghadge i/b. Mr. Akshay Kulkarni, Advocate for Respondent Nos.5 and 6.

CORAM : SHIVKUMAR DIGE, J.

DATE : 13th JANUARY, 2025.

P.C. :

1.

Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.

2.

By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submits that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. SHUBHADA SHANKAR KADAM Hence, requested to allow the application.

SHUBHADA SHANKAR KADAM Date: 2025.01.15 11:49:38 +0530 1/2

Shubhada S Kadam 52-ia-1372-2024-fa-360-2023(withdrawal).doc 3.

Learned counsel for the appellant - Insurance Company strongly objected to allow the application on the ground that the policy was act only policy and the deceased was a pillion-rider on the motorcycle, hence, he is not entitled for getting compensation from the Insurance Company but this fact is not considered by the Tribunal. Hence, requested to reject the application.

4.

I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. The grounds raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

The applicants are permitted to withdraw 30% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking.

The application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2