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Bombay High CourtIA/9761/2025disposed off

Rajashri Pramanik Sable And ORS. v. Reliance General Insurance Co.Ltd.

2025-07-10Hon'Ble Shri Justice Shivkumar Dige2 pages

S.S.Kilaje 908-IA-9761-2025-withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9761 OF 2025 IN FIRST APPEAL STAMP NO. 13804 OF 2025 Rajashri Pramanik Sable and Anr.

... Applicants

IN THE MATTER OF

Reliance General Insurance Co. Ltd.

... Appellant

Versus

Rajashri Pramanik Sable and Anr.

... Respondents .............

Mr. Sarvesh Deshpande a/w. Mr. Aniket Shitole i/b. Mr. Bharat Gadhavi, Advocates for Applicants.

Smt. Kalpana Trivedi, Advocate for the Appellant - Insurance Company.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 10th JULY, 2025.

P. C. :

1.

By this application, applicants are seeking withdrawal of amount. 2.

It is the contention of learned counsel for the applicants that deceased was a sole earning member of applicants' family. Applicants were dependent on the income of deceased. Applicants need the amount for daily expenses and they have no source of income, hence, requested to allow the application.

3.

Learned counsel for the appellant- Insurance company strongly objected to allow the application on the ground that the Tribunal has 1/2

S.S.Kilaje 908-IA-9761-2025-withdrawal.doc awarded compensation on higher side without any reasonable ground but this fact is not considered by the Tribunal, hence requested to reject the application.

4.

I have heard both the learned counsel. The deceased was the sole earning member of the applicants' family. Applicants have no source of income. Applicants need the amount for daily expenses. The grounds raised by the appellant - Insurance Company can be considered at the time of final hearing of the appeal. Hence, considering this fact, I pass following order :

ORDER

(i) The application is allowed.

(ii) The applicants are permitted to withdraw 50% amount out of deposited amount along with accrued interest thereon on out of deposited amount on furnishing usual undertaking.

5.

The Interim application is disposed of.

( SHIVKUMAR DIGE, J.) SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2025.07.14 10:37:46 +0700 2/2