Karan Ramesh Waghari v. The Oriental Insurance Co.Ltd.
52-IA-15544-2024 WITHDRAW.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 15544 OF 2024 IN FIRST APPEAL (ST) NO. 12619 OF 2017 Kiran Ramesh Waghari and Ors.
.... Applicants
IN THE MATTER BETWEEN
The Oriental Insurance Co. Ltd.
.... Appellant
Versus
Kiran Ramesh Waghari and Ors.
.... Respondents ----- Mr. Mohit Turakhia i/b Ms. Ishita Bhole, for Applicant Nos.1 to 4. Mr. Pradyumna Thakurdesai i/b Mr. D. S. Joshi, for the Appellant/Insurance Company.
----- CORAM : SHIVKUMAR DIGE, J.
by SHANTANU SHANKARSA DHUDUM Date:
2025.01.31 14:54:10 +0530 SHANTANU SHANKARSA DHUDUM DATE : 29th JANUARY, 2025.
P.C. :
1.
Heard learned counsel for Applicant Nos.1 to 4 and learned counsel for the Appellant/Insurance Company. 2.
By this application, the Applicants are seeking withdrawal of the amount.
3.
Learned counsel for the Applicants submits that deceased was the sole earning member of their family. They have no source of income. They needs the amount for their daily expenses. Hence, Shantanu Dhudum 1/2
52-IA-15544-2024 WITHDRAW.doc requested to allow the application.
4.
Learned counsel for the Appellant/Insurance Company strongly objected to allow the application on the ground that the driver of the offending vehicle is minor and he was not holding effective and valid driving licence. Hence, requested to reject the application.
5.
I have heard both learned counsel. Deceased was the sole earning member of Applicant's family. Applicants have no source of income. They need the amount for their daily expenses. The issue raised by the learned Counsel for the Appellant/Insurance Company can be considered at the time of final hearing of the appeal. Hence, I pass following order:-
ORDER
i. Application is allowed.
ii. Applicants are permitted to withdraw 20% amount out of deposited amount along with accrued interest thereon, on furnishing undertaking.
iii. Application is disposed of.
( SHIVKUMAR DIGE, J.) Shantanu Dhudum 2/2