Smt. Yenubai Gautam Godbole And ORS. v. Reliance General Insurance Co. Ltd. Mumbai
22-IA-9969-2025 WITHDRAW.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9969 OF 2025 IN FIRST APPEAL NO. 1207 OF 2024 Yenubai Gautam Godbole and Ors.
.... Applicants
IN THE MATTER BETWEEN
Reliance General Insurance Co. Ltd., Mumbai .... Appellant
Versus
Yenubai Gautam Godbole and Ors.
.... Respondents ----- Mr. Vasant N. More, Advocate for Applicant Nos.1 to 3. Mr. Avesh Ghadge i/b Mr. Akshay Kulkarni, Advocate for the Appellant/Insurance Company.
----- CORAM : SHIVKUMAR DIGE, J.
by SHANTANU SHANKARSA DHUDUM Date:
2025.07.22 10:56:05 +0530 SHANTANU SHANKARSA DHUDUM DATE : 18th 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 at the Shantanu S. Dhudum 1/2
22-IA-9969-2025 WITHDRAW.doc time of accident driver of offending vehicle was not holding effective and valid driving licence, there was breach of terms and conditions of insurance policy, but this fact is not considered by the Tribunal. 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