Smt. Seema Nitin Ghare (For Her Self And Minor Respondent No.2 To 4 Mother Guardian)And ORS. v. The Manager, Cholamandalam Ms Gen. Insurance Company Ltd. And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.499 OF 2024 WITH INTERIM APPLICATION NO.7255 OF 2024 Cholamandalam Ms. Gen. Insurance Co.
Ltd .... Appellant V/s.
Surekha Rohidas Potale & Ors.
.... Respondents WITH INTERIM APPLICATION NO.12936 OF 2024 by NILAM SANTOSH KAMBLE Date:
2024.11.22 15:35:59 +0530 NILAM SANTOSH KAMBLE IN FIRST APPEAL NO.499 OF 2024 Smt.Seema Nitin Ghare (For herself and minor Respondent No.2 to 4 mother Guardian) & Ors.
.... Applicants V/s.
The Manger, Cholamandalam Ms. Gen. Insurance Co. Ltd. & Anr.
.... Respondents ---- Mr.Rajesh Kanojia i/b Res Juris, for the Appellant/Applicant Mr.Atharva R. B. a/w Mr.Yash Naik i/b Mr.Vaibhav Gaikwad, for Respondent Nos.1 to 6.
---- CORAM : SHIVKUMAR DIGE, J.
DATE : 21st NOVEMBER 2024 P.C:- INTERIM APPLICATION NO.12936 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 Applicants 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 Tribunal has considered monthly income of the deceased at Rs.30,000/- per month, which is excessive and higher side and on that basis compensation is awarded, which is erroneous. 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 25% N.S. Kamble page 2 of 3
amount along with accrued interest thereon on furnishing undertaking.
FIRST APPEAL NO.499 OF 2024 6.
Leave to file compilation of documents.
7.
Stand over to 19th December 2024.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3