Dnyaneshwar Tukaram Jundare And ORS. v. Shriram General Insurance Company Ltd.,Thane Thr.The General Manager And ANR.

51-1-IA-15226-24 IN FAST-17089-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15226 OF 2024 IN FIRST APPEAL (ST) NO.17089 OF 2024 Dnyaneshwar Tukaram Jundare & Ors.

.... Applicants V/s.

Shriram General Insurance Co. Ltd., Thane The. The General Manager & Anr.

.... Respondents ---- Mr.Pritesh K. Bohade, for the Applicants in IA and for Respondent No.1 in FA.

Ms.Shalini Shankar, for Respondent No.1 in IA and for the Appellant in FA.

by NILAM SANTOSH KAMBLE Date:

2024.12.06 11:00:42 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 4th DECEMBER 2024 P.C:- .

Heard learned counsel for the Applicants.

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, the Tribunal has N.S. Kamble page 1 of 2

51-1-IA-15226-24 IN FAST-17089-24.doc considered monthly income of the deceased on higher side. There was contributory negligence of the Applicant. 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 furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2