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Bombay High CourtIA/9624/2025disposed off

Manisha Bhausaheb Pawar And ORS. v. United India Insurance Company Limited

2025-07-11Hon'Ble Shri Justice Shivkumar Dige2 pages

54-IA-9624-2025 WITHDRAW (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9624 OF 2025 IN FIRST APPEAL NO. 781 OF 2025 Manisha Bhausaheb Pawar And Ors.

...Applicants

IN THE MATTER BETWEEN

United India Insurance Company Limited ...Appellant

Versus

Manisha Bhausaheb Pawar And Ors.

...Respondents

----- Mr. Yogesh Pande, Advocate for Applican Nos.4 & 5. Mr. Rahul Mehta i/b KMC Legal Venture, Advocate for the Appellant - Insurance Company.

----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.07.15 19:41:57 +0530 SHANTANU SHANKARSA DHUDUM DATE : 11th JULY, 2025.

P.C. :

1.

By this application, the Applicants are seeking withdrawal of the amount.

2.

The deceased was the sole earning members of Applicants' family. They have no source of income. They need the amount for their daily expenses. Hence, requested to allow the appeal. 3.

Learned counsel for the Appellant - Insurance Company strongly objected to allow the application on the ground that the Shantanu S. Dhudum 1/2

54-IA-9624-2025 WITHDRAW (C).doc Tribunal has considered income of the deceased on higher side. Hence, requested to reject the application, 4.

I have heard both learned counsel.

5.

The deceased was the sole earning member of the Applicants' family. They have no source of income. They need the amount for their daily expenses. The issue raised by the Appellant - Insurance Company can be considered at the time of final hearing of the appeal, and I pass following order:

ORDER

i. The Application is allowed.

ii. The Applicants are permitted to withdraw 50% amount out of the deposited amount along with accrued interest thereon, on furnishing under taking.

. The interim application stands disposed of. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 2/2