Sachin Ramchandra Ballal And ANR. v. Bajaj Allianz General Insurance Co. Ltd. Mumbai

19-1-WITHDRAWAL-IA-8609-25 IN FA-1844-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8609 OF 2025 IN FIRST APPEAL NO.1844 OF 2024 Sachin Ramchandra Ballal And Ors.

.... Applicants V/s.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2025.06.27 17:08:35 +0530 Bajaj Allianz General Insurance Co. Ltd.

Mumbai .... Respondent ---- Ms.Varsha Chavan, for the Applicant Nos.1 and 2. Mr.Sarthak Diwan, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 26th JUNE 2025 P.C:- .

Heard learned counsel for the Applicant Nos.1 and 2. 2.

The learned counsel for the Applicant Nos.1 and 2 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 cheque which N.S. Kamble page 1 of 2

19-1-WITHDRAWAL-IA-8609-25 IN FA-1844-24.doc was issued as a premium of the Insurance Policy was dishonored. Intimation was given to the owner of the offending vehicle and RTO, but this fact is not considered by the Tribunal and 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 30% amount along with accrued interest thereon on furnishing undertaking.

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