Ramchanra Laxman Shinde (Deleted) And ANR. v. Reliance General Insurance Co. Ltd And ANR.

Shubhada S Kadam 56-ia-2121-2024(withdrawal).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2121 of 2024 in FIRST APPEAL NO. 1907 OF 2024 Ramchanra Laxman Shinde (deleted) and anr.

... Applicants In the matter Reliance General Insurance Co. Ltd.

... Appellant versus Ramchanra Laxman Shinde (deleted)and anr.

.... Respondents Ms. Varsha Chavan, Advocate for Applicants.

Ms. Kalpana Trivedi, Advocate for the Appellant-Insurance Company. CORAM : SHIVKUMAR DIGE, J.

DATE : 24th 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. Hence, requested to allow the application.

3.

Learned counsel for appellant - Insurance Company strongly objected to allow the application on the ground that income of the deceased is considered on higher side. Hence, requested to reject the Digitally signed by SHUBHADA SHANKAR KADAM Date:

2025.01.28 11:52:16 +0530 application.

SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 56-ia-2121-2024(withdrawal).doc 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 50% 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