Vaishali Pratap Nikam And ORS. v. Reliance Gen. Insu. Co. Ltd. Legal Cell Legal Officer Mumbai

Shubhada S Kadam 901-IA-10657-2025-WITHDRAWAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10657 of 2025 in FIRST APPEAL NO. 2020 OF 2024 Vaishali Pratap Nikam and ors.

.Applicants In the matter of Reliance General Insurance Co. Ltd., Legal Cell Legal Officer, Mumbai.

Appellant

Versus

Vaishali Pratap Nikam and ors.

Respondents Ms.Radhika Kurudkar i/b. Mr. Yuvraj Narvankar, Advocate for the Applicants.

Mr. Aditya Ghadge, Mr. Akshay Kulkarni, Advocate for the Appellant. CORAM : SHIVKUMAR DIGE, J.

DATE : 1st AUGUST, 2025.

PC :

1.

Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.

2.

Learned counsel for the applicants submitted that the applicants are aged parents of the deceased. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. Hence, requested to allow the application.

3.

Learned counsel for appellant - Insurance Company objected to allow the application on the ground that there was breach of terms and Digitally signed by SHUBHADA SHANKAR KADAM Date:

2025.08.05 11:26:08 +0530 SHUBHADA SHANKAR KADAM 1/2

Shubhada S Kadam 901-IA-10657-2025-WITHDRAWAL.doc conditions of the insurance policy and the Tribunal has considered monthly income of the deceased on higher side. Hence, requested to reject the application.

4.

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

O R D E R

1.

The application is allowed.

2.

The applicants are permitted to withdraw 50% of the deposited amount, along with the accrued interest thereon, upon furnishing the usual undertaking The application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2