Sonali Sandeep Nirgude And ORS. v. The Divisional Manager, United India Insurance Company Ltd.

P.H. Jayani 07 IA6879.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6879 OF 2025 IN FIRST APPEAL NO. 1172 OF 2015 WITH FIRST APPEAL NO. 1172 OF 2015 Sonali Sandeep Nirgude and Ors.

.... Applicants v/s.

The Divisional Manager, United India Insurance Co. Ltd.

.... Respondent Ms. Chaitrali Deshmukh a/w. Mr. Sachin Gite for the Applicants. Mr. Ketan Joshi for the Respondent - Insurance Company. CORAM : SHYAM C. CHANDAK, J.

DATED : 15th APRIL, 2025 P.C. :- ORDER IN INTERIM APPLICATION NO. 6879 OF 2025 :- .

Heard learned Advocate for the respective parties. 2) Present Application filed by the Original Claimants seeking withdrawal of 50% of the compensation amount of their share. 3) Mr. Joshi, learned Advocate for the Appellant opposed the Application.

4) The withdrawal is sought on the ground that the Applicants have no source of income. The Applicant No.1 wants to meet the educational expenses of Applicant No.4 who is minor. 5) Vide Order dated 29th October 2015, the Applicant No.1 was allowed to withdraw 25% of the compensation amount. The Applicant No.4 1/2

P.H. Jayani 07 IA6879.2025.doc is minor. In view thereof and considering the other reasons stated in the Application, the Applicant Nos.1 to 3 are permitted to withdraw additional 25% of the compensation amount of their share with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicants/Claimants would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount of compensation with nationalized bank giving highest interest from time to time.

6) Interim Application stands disposed of.

ORDER IN FIRST APPEAL NO. 1172 OF 2015 :- 7) Call for the Record and Proceedings.

8) Learned Advocate for the Appellant undertakes to file compilation of documents on the next date with advance copy to the other side.

9) List the Appeal on 11th June, 2025 under the caption 'for final hearing'.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) by PREETI HEERO JAYANI Date: 2025.04.21 10:45:12 +0530 2/2