Noorjahan Hajimalang Shaikh And ORS. v. Divisional Officer, Bajaj Allianz General Insurance Company Ltd., Nashik

S.S.Kilaje 11-IA-3521-24 - withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3521 OF 2024 IN FIRST APPEAL NO. 1080 OF 2023 Noorjahan Hajimalang Shaikh and Ors.

... Applicants

Versus

Divisional Officer, Bajaj Allianz General Insurance Company Ltd. and Anr.

... Respondents by SONALI SATISH KILAJE Date:

2024.12.24 10:42:40 +0700 SONALI SATISH KILAJE .............

Mr. Rajan S. Pawar, Advocate for Applicants.

Mr. Sarthak S. Diwan, Advocate for Respondent No.1. -Insurance Company.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 19th DECEMBER, 2024.

P.C. :

1.

By this application, applicants are seeking withdrawal of amount.

2.

It is contention of learned counsel for the applicants that deceased was the sole earning member of the applicants' family. Applicants have no source of income, they need the amount for daily expenses. Hence, requested to allow the application. 3.

Learned counsel for appellant No.1-Insurance company strongly objected to allow the application on the ground that accident occurred due to sole negligence of the deceased and compensation is awarded on higher side. Hence, requested to reject the application. 1/2

S.S.Kilaje 11-IA-3521-24 - withdrawal.doc 4.

I have heard both the learned Counsel. The deceased was the sole earning member of the applicants' family. Applicants need the amount for their daily expenses. Applicants have no source of income. The grounds raised by the appellant- 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 the 40% amount out of deposited amount along with accrued interest thereon on furnishing usual undertaking. 5.

The Interim Application is disposed off.

( SHIVKUMAR DIGE, J.) 2/2