Shri. Jigar Kishor Shah @ Furia And ORS. v. Iffco Tokio General Insurance Co. Ltd.

S.S.Kilaje 46-IA-10716-25-Withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10716 OF 2025 IN FIRST APPEAL NO. 943 OF 2016 Jigar Kishor Shah @ Furia And Ors.

... Applicants In the matter of Iffco Tokio General Insurance Co. Ltd.

... Appellant

Versus

Jigar Kishor Shah @ Furia And Ors.

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

Mr. Vasant M. More, Advocate for Applicants Ms. Sweta Shah i/b. A.P. Kulkarni, Advocate for the Appellant.

CORAM

: SHIVKUMAR DIGE, J.

DATED : 4th AUGUST, 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 applicant's family. Applicants have 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 deceased was dashed by unknown vehicle but he has not been added as a party. This fact is not considered by the Tribunal, hence 1/2

S.S.Kilaje 46-IA-10716-25-Withdrawal.doc 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.) by SONALI SATISH KILAJE Date:

2025.08.13 12:29:26 +0700 SONALI SATISH KILAJE 2/2