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Bombay High CourtIA/8052/2025disposed off

Savita Machindra Kale And ORS. v. Shriram General Insurance Company Ltd.

2025-05-06Hon'Ble Shri Justice Shyam C. Chandak2 pages

HEMANT CHANDERSEN SHIV H.C. SHIV 24.ia8052.25.doc HEMANT CHANDERSEN SHIV Date: 2025.05.08 19:52:28 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8052 OF 2025 IN FIRST APPEAL STAMP NO.1503 OF 2025 Savita Machindra Kale & Ors.

...Applicants In the matter between Shriram General Insurance Co. Ltd.

...Appellant vs.

Savita Machindra Kale & Ors.

...Respondents

Mr. T. R. Kale with Mr. T. J. Pandian for the Applicant. Mr. Pandit Kasar for the Appellant.

CORAM : SHYAM C. CHANDAK, J.

DATE : 6th MAY 2025 P. C. :

.

Present Application filed by the original-claimants seeking withdrawal of the compensation amount.

2) Mr.Kasar, learned Advocate for the Appellant opposed the Application.

3) The withdrawal is sought on the ground that the Applicants were completely dependant upon the income of the deceased. The Applicants have no sufficient income. They have been facing various difficulties for want of money. The Applicants have been waiting for the 1/2

H.C. SHIV 24.ia8052.25.doc compensation since filing of the claim in the year 2022. 4) In view thereof, Applicant No.1 is permitted to withdraw Rs.20,00,000/- out of the compensation amount of her share along with proportionate interest thereon and Applicant No.2 is permitted to withdraw 50% of the compensation amount of her share with proportionate, interest subject to Applicant Nos.1 and 2 furnishing an undertaking that, in case the Appellant succeeds in this Appeal, Applicant Nos.1 and 2 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. 5) Application stands disposed of.

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