Reliance Gen. Insurance Co. Ltd. Pune v. Ku. Sujata Vishwanath Pawar Since Dec. Thr. Lrs. 1) Shri. Santosh Balasaheb Pawar And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.685 OF 2024 WITH INTERIM APPLICATION NO.8346 OF 2024 Reliance General Insurance Co. Ltd., Pune .... Appellant V/s.
Kum.Sujata Vishwanath Pawar (Since Decd.) Thr. Lrs. 1) Shri.Santosh Balasaheb Pawar & Ors.
.... Respondents by NILAM SANTOSH KAMBLE Date: 2024.12.02 10:23:54 +0530 NILAM SANTOSH KAMBLE WITH INTERIM APPLICATION NO.14627 OF 2024 IN FIRST APPEAL NO.685 OF 2024 Shri.Santosh Balasaheb Pawar & Ors.
.... Applicants V/s.
Reliance General Insurance Co. Ltd., Pune .... Respondents ---- Mr.Avesh Gawade i/b Mr.Akshay Kulkarni, for the Appellant. Mr.Shubham Sane i/b Mr.Priyal G. Sarda, for Respondent Nos.1 and 2.
---- CORAM : SHIVKUMAR DIGE, J.
DATE : 14th NOVEMBER 2024 P.C:- INTERIM APPLICATION NO.14627 OF 2024 .
Heard learned counsel for the Applicant and learned counsel for Respondent Nos.1 and 2.
N.S. Kamble page 1 of 3
2.
By this Application, the Applicant is seeking withdrawal of the amount.
3.
It is contention of the learned counsel for the Applicants that, due to accidental injuries the Claimant has suffered permanent physical disability. She is unable to do any work. She died during the pendency of the Claim Petition. They need the amount for daily expenses. Hence, requested to allow the Application.
4.
The learned counsel for the Respondent-Insurance Company has objected to allow the Application on the ground that accident has occurred due to contributory negligence of the Claimant. But this fact is not considered by the Tribunal. The learned counsel further submitted that, income of the Claimant was considered on higher side. Hence, requested to dismiss the Application.
5.
I have heard both the learned counsel.
6.
The Claimant was injured in the accident. She got disability due to said accident. During pendency of the Claim Petition Claimant died and the Applicants are the legal heirs of N.S. Kamble page 2 of 3
the deceased/Claimant. They need amount for daily expenses. 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 furnishing undertaking.
INTERIM APPLICATION NO.8346 OF 2024 7.
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. 8.
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. 9.
The Interim Application is disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3