Sunita Shivaji Sawant v. United India Insurance Co. Ltd.

68-IA-13325-2024 WITHDRAW.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13325 OF 2024 IN FIRST APPEAL NO. 1027 OF 2025 Sunita Shivaji Sawant .... Applicant

IN THE MATTER BETWEEN

United India Insurance Co. Ltd.

.... Appellant

Versus

Sunita Shivaji Sawant .... Respondents by SHANTANU SHANKARSA DHUDUM Date:

2025.07.22 10:56:02 +0530 ----- Mr. S. G. Thorat, Advocate for the Applicant. Ms. Varsha Chavan, Advocate for the Appellant - Insurance Company.

----- CORAM : SHIVKUMAR DIGE, J.

SHANTANU SHANKARSA DHUDUM DATE : 18th JULY, 2025.

P.C. :

1.

By this application, the Applicant is seeking withdrawal of the amount.

2.

The deceased was the sole earning members of Applicant's family. She has no source of income. She needs the amount for her daily expenses. Hence, requested to allow the appeal. 3.

Learned counsel for the Appellant - Insurance Company Shantanu S. Dhudum 1/2

68-IA-13325-2024 WITHDRAW.doc strongly objected to allow the application on the ground that driver of offending vehicle was examined, but this fact is not considered by the Tribunal. Hence, requested to reject the application, 4.

I have heard both learned counsel.

5.

The deceased was the sole earning member of the Applicant's family. She has no source of income. She needs the amount for her daily expenses. The issue raised by the Appellant - Insurance Company can be considered at the time of final hearing of the appeal, and I pass following order:

ORDER

i. The Application is allowed.

ii. The Applicants are permitted to withdraw 25% amount out of the deposited amount along with accrued interest thereon, on furnishing under taking.

. The interim application stands disposed off. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 2/2