Rajiv Devidas Murarkar And ORS. v. Reliance General Insurance Co. Ltd.

S.S.Kilaje 906-IA-9807-2025-withdrawl.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9807 OF 2025 IN FIRST APPEAL NO. 885 OF 2025 Rajiv Devidas Murarkar and Ors.

... Applicants

IN THE MATTER OF

Reliance General Insurance Co. Ltd.

... Appellant

Versus

Rajiv Devidas Murarkar and Ors.

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

Mr. Devendranath S. Joshi, Advocate for the Applicants. Smt. Kalpana Trivedi, Advocate for the Appellant - Insurance Company. by SONALI SATISH KILAJE Date:

2025.07.11 19:07:27 +0700 SONALI SATISH KILAJE

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 policy produced on record was fake policy and accident occurred due to sole negligence of the 1/2

S.S.Kilaje 906-IA-9807-2025-withdrawl.doc deceased 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.) 2/2