Ujwala Chetan Sanas And ORS. v. Reliance General Insurance Co.Ltd.
Shubhada S Kadam 50-ia-15412-2024-fa-615-2024(withdrawal).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15412 of 2024 in FIRST APPEAL NO. 615 of 2024 Ujwala Chetan Sanas and ors.
... Applicants/ Org.Claimants In the matter of Reliance General Insurance Co.Ltd.
... Appellant versus Ujwala Chetan Sanas and ors.
.... Respondents Mr. H. S. Gupta i/b. Mr. S. R. Gupta, Advocate for the Applicants. Mr. Pandit Kasar, Advocate for the Appellant. CORAM : SHIVKUMAR DIGE, J.
DATE : 13th JANUARY, 2025.
P.C. :
1.
Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.
2.
By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submits that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. Hence, requested to allow the application.
SHUBHADA SHANKAR KADAM 3.
Learned counsel for the appellant - Insurance Company SHUBHADA SHANKAR KADAM Date: 2025.01.15 11:49:37 +0530 strongly objected to allow the application on the ground that the accident 1/2
Shubhada S Kadam 50-ia-15412-2024-fa-615-2024(withdrawal).doc occurred due to negligence of the deceased and the income of the deceased is considered on higher side. Hence, requested to reject the application.
4.
I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. The grounds raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order :
O R D E R
1.
The application is allowed.
2.
The applicants are permitted to withdraw 50% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking.
The application is disposed of.
(SHIVKUMAR DIGE, J.) 2/2