Smt. Rajashree Dattatray Bhosure And ORS. v. Reliance General Insurance Company Limited And ORS.

WAKLE MANOJ JANARDHAN WAKLE MANOJ JANARDHAN Date: 2025.04.30 09:41:59 +0530 Manoj 1-IA-7625-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7625 OF 2025 IN FIRST APPEAL (ST) NO.33355 OF 2017 Smt. Rajashree Dattatray Bhosure And Ors.

...Applicants Vs.

Reliance General Insurance Co. Ltd. And Ors.

...Respondents

Ms. Poonam Mital, for the Appellant in FA(ST)/33355/2017 and Respondents in IA/7625/2025.

Mr. V. H. Narvekar, for the Applicants in IA/7625/2025 and Respondent Nos. 1 to 6 in FA(ST)/33355/2017 .

CORAM : SHYAM C. CHANDAK, J.

DATED : 28th APRIL, 2025 P.C. :- .

Present Application filed by the Original Claimants seeking permission to withdraw the entire decreetal amount alongwith accrued interest.

2) Ms. Mital, the learned Advocate for the Appellant/Insurance Company opposed the Application. However, she has stated that there is no statutory defence for the Appellant.

3) The Applicants are the widow, children and aged parents of the deceased. The Applicants are waiting for compensation since the death of the deceased, who was the sole earning member of the family. The Applicant No.4 is minor.

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Manoj 1-IA-7625-2025.doc 4) In view thereof and considering the other reasons stated in the Application, the Applicant Nos.1 to 3, 5 and 6 are permitted to withdraw 50% of their share in the compensation amount alongwith proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant Nos.1 to 3, 5 and 6 would refund the said amount alongwith interest as would be directed by this Court. The Tribunal shall invest remaining amount with Nationalized bank giving highest interest from time to time.

5) Application is disposed of, accordingly.

(SHYAM C. CHANDAK, J.) 2/2