Smt. Sangita Nitin Bhosale And ORS. v. The Manager, Reliance General Insurance Company Ltd.Satara

10-1-IA-3667-25 IN FA-136-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3667 OF 2025 IN FIRST APPEAL NO.136 OF 2024 Smt.Sangita Nitin Bhosale & Ors.

.... Applicants V/s.

The Manager, Reliance General Insurance Co. Ltd., Satara .... Respondent ---- Mr.Avesh A. Ghadge i/b Mr.Akshay Kulkarni, for the Applicants. Mr.Sahilesh Chavan, for Respondent Nos.1,2 and 4. by NILAM SANTOSH KAMBLE Date:

2025.06.17 16:32:05 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 16th JUNE 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 and medical 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 offending vehicle N.S. Kamble page 1 of 2

10-1-IA-3667-25 IN FA-136-2024.doc was not involved in the accident, inspite of that deceased was shown involved in the accident, but this fact is not considered by the Tribunal and 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 Applicants are permitted to withdraw 40% amount along with accrued interest thereon on furnishing undertaking.

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