Smt. Jamila Kthatoon Gule Ahemad Choudhary And ORS. v. The New India Assurance Company Ltd.

911-IA-9998-2025 WITHDRAWAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9998 OF 2025 IN FIRST APPEAL (ST) NO. 25251 OF 2021 Jamila Kthatoon Gule Ahemad Choudhary and Ors.

.... Applicants

IN THE MATTER BETWEEN

The New India Assurance Co. Ltd.

.... Appellant

Versus

Jamila Kthatoon Gule Ahemad Choudhary and Ors.

.... Respondents by SHANTANU SHANKARSA DHUDUM Date:

2025.07.22 10:56:09 +0530 SHANTANU SHANKARSA DHUDUM ----- Adv. Pradnyesh Lokegaonkar a/w Mr. Dhruv Karnik, Advocate for the Applicants.

Ms. Poonam Mital, Advocate for the Appellant/Insurance Company. ----- CORAM : SHIVKUMAR DIGE, J.

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 application. Shantanu S. Dhudum 1/2

911-IA-9998-2025 WITHDRAWAL.doc 3.

Learned counsel for the Appellant - Insurance Company strongly objected to allow the application on the ground that the accident occurred due to sole negligence of rider of the bike, 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