Asmita Vijay Jamdade And ORS. v. Go Digit General Insurance Ltd.

57-WITHDRAWL-1-IA-9758-25 IN FA-775-2025Corrected.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9758 OF 2025 IN FIRST APPEAL NO.775 OF 2025 Asmita Vijay Jamdade & Ors.

.... Applicants V/s.

by NILAM SANTOSH KAMBLE Date: 2025.07.23 17:33:59 +0530 NILAM SANTOSH KAMBLE Go Digit General Insurance Ltd.

.... Respondent ---- Mr.Mahindra Deshmukh, for Applicant Nos.1 to 5. Mr.Rajesh Kanojia i/b Res Juris, for the Respondent. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 15th JULY 2025 P.C:- .

Heard learned counsel for the Applicant.

2.

The learned counsel for the Applicants 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 accident occurred due to sole negligence of the deceased, but this fact is not This order is corrected as per speaking to the minutes of order dated 18th July 2025 N.S. Kamble page 1 of 2

57-WITHDRAWL-1-IA-9758-25 IN FA-775-2025Corrected.doc considered by the Tribunal and compensation is awarded on higher side 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 40% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) This order is corrected as per speaking to the minutes of order dated 18th July 2025 N.S. Kamble page 2 of 2