Ram General Insurance Co.Ltd., Mumbai v. Mahesh Laxman Surve And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14307 OF 2024 IN FIRST APPEAL (ST) NO.8653 OF 2024 Mahesh Laxman Surve & Anr.
.... Applicants V/s.
by NILAM SANTOSH KAMBLE Date: 2024.11.18 12:54:42 +0530 NILAM SANTOSH KAMBLE Shriram General Insurance Co. Ltd., Mumbai & Ors.
.... Respondents WITH INTERIM APPLICATION NO.7026 OF 2024 IN FIRST APPEAL (ST) NO.8653 OF 2024 Shriram General Insurance Co. Ltd., Mumbai & Ors.
.... Applicants V/s.
Mahesh Laxman Surve & Anr.
.... Respondents ---- Mr.T.R. Kale i/b Mr.T.J. Mendon, for the Applicant in IA No.14307 of 2024.
Ms.Shalini Shankar, for the Applicant in IA No.7026 of 2024. ---- CORAM : SHIVKUMAR DIGE, J.
DATE : 14th NOVEMBER 2024 P.C:- INTERIM APPLICATION NO.14307 OF 2024 .
Heard learned counsel for the Applicants.
N.S. Kamble page 1 of 3
2.
The learned counsel for the Applicants submit that, the deceased was sole earning member of Applicant's family. The Applicant's are the parents of the deceased. The Applicant's needs the amount for their daily expenses. They have no source of income. Hence, requested to allow the Application. 3.
The learned counsel for the Respondent has objected to allow the Application on the ground that, the Tribunal has awarded compensation on higher side without any reasonable ground. Hence, requested to dismiss the Application. 4.
I have heard both the learned counsel.
5.
The deceased was only earning member of the family, the Applicant's needs the amount for their daily expenses. They have no source of income. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.
ORDER
(i) The Application is allowed.
(ii) The Applicants are permitted to withdraw 50% amount along with accrued interest thereon on N.S. Kamble page 2 of 3
furnishing undertaking.
INTERIM APPLICATION NO.7026 OF 2024 6.
The learned counsel for the Applicant submit that the Applicant has deposited entire award amount along with accrued interest thereon, hence, requested to stay the impugned order. 7.
Considering the submissions of the learned counsel as well as reasons mentioned in the Application, the impugned order is stayed till final disposal of the Appeal. 8.
The Interim Application is disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3