Sunita Daulat Pawar And ANR. v. Magma Hdi General Insurance Co. Ltd. Pune

HEMANT CHANDERSEN SHIV H.C. SHIV 9.ia7772.25.doc HEMANT CHANDERSEN SHIV Date: 2025.05.03 15:22:20 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7772 OF 2025 IN FIRST APPEAL NO.190 OF 2025 Sunita Daulat Pawar & Anr.

...Applicants In the matter between Magma HDI General Insurance Co. Ltd.

...Appellant vs.

Sunita Daulat Pawar & Anr.

...Respondents

Mr. R. S. Pachundkar with Urmisha Vargante for the Applicants. None for the Appellant.

CORAM : SHYAM C. CHANDAK, J.

DATE : 2nd MAY 2025 P. C. :

.

Present Application filed by the original claimants seeking withdrawal of the entire decretal amount along with accrued interest till date.

2) None present for the Appellant.

3) The withdrawal of the amount is sought on the ground that the Applicants have to repay loan amount which they obtained to address their various difficulties. The Applicants were totally dependent on the income of the deceased. The accident occurred on 08/10/2016. The claim was filed in the year 2017. Since then, the Applicants are waiting for the 1/2

H.C. SHIV 9.ia7772.25.doc compensation amount. Therefore and considering the other reasons stated in the Application, the Applicants are permitted to withdraw 40% of the compensation amount of their share along with proportionate interest subject to furnishing an undertaking that, in case the Appellant succeeds in this Appeal, the Applicants would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount with Nationalized bank giving highest interest from time to time.

4) Application stands disposed of.

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