Mrs. Nanda Arjun Ahire And ORS. v. Divisional Manager, National Insurance Co. Ltd.

S.S.Kilaje 907-IA-9811-25-withdrawl.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9811 OF 2025 IN FIRST APPEAL STAMP NO. 1639 OF 2025 Nanda Arjun Ahire and Ors.

... Applicants

IN THE MATTER OF

National Insurance Co. Ltd.

... Appellant

Versus

Nanda Arjun Ahire and Ors.

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

Mr. P. K. Bohade, Advocate for Applicants.

Mr. Amol A. Gatne, Advocate for Appellant - Insurance Company.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 10th JULY, 2025.

by SONALI SATISH KILAJE Date:

2025.07.11 19:07:32 +0700 SONALI SATISH KILAJE 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.

It is contention of learned counsel for the appellant- Insurance company that the Tribunal has awarded compensation on higher side without any evidence on record, hence requested to reject the application. 1/2

S.S.Kilaje 907-IA-9811-25-withdrawl.doc 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 respondent No.1 / 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