Shaukiya N. Kazi And ANR. v. Divisional Manager, Bharti Axa General Insurance Company Ltd.

63-IA-16185-24 IN FA-959-24-Corrected.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.16185 OF 2024 IN FIRST APPEAL NO.959 OF 2024 Shaukiya N. Kazi & Anr.

.... Applicants V/s.

Divisional Manager, Bharati Axa General Insurance Co. Ltd.

.... Respondents by NILAM SANTOSH KAMBLE Date: 2025.03.11 16:09:10 +0530 NILAM SANTOSH KAMBLE ---- Mr.Yogesh Pande, for the Applicants.

Mr.Rahul Mehta, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 6th JANUARY 2025 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 awarded compensation on higher side without any reasonable This preacipe is moved for speaking to the minutes of order dated 10th March 2025 N.S. Kamble page 1 of 2

63-IA-16185-24 IN FA-959-24-Corrected.doc ground and the accident occurred due to sole negligence of the deceased. 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 Applicant No.1 are permitted to withdraw 50% amount out of the deposited amount along with accrued interest thereon on furnishing undertaking. (SHIVKUMAR DIGE, J.) This preacipe is moved for speaking to the minutes of order dated 10th March 2025 N.S. Kamble page 2 of 2