Smt. Kamal Dilip Kirdat And ORS. v. The Oriental Insurance Co. Ltd., Mumbai And ANR.

79-WITHDRAWAL-IA-10755-2025 IN FA-912-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10755 OF 2025 IN FIRST APPEAL NO.912 OF 2023 Smt. Kamal Dilip Kirdat And Ors.

.... Applicants V/s.

by NILAM SANTOSH KAMBLE Date: 2025.08.08 10:50:31 +0530 NILAM SANTOSH KAMBLE The Oriental Insurance Co. Ltd., Mumbai And Anr.

.... Respondents ---- Mr.Niketan Nakhawa, for the Applicants.

Mr.D.S. Joshi, for Respondent No.1.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 6th AUGUST 2025 P.C:- .

Heard learned counsel for the Applicants.

2.

The learned counsel for the Applicants submit that the deceased was sole earning member of Applicant's family. The Applicants needs the amount for their daily expenses. They have no source of income. Hence, requested to allow the Application. 3.

The learned counsel for the Respondent has objected to allow the Application on the ground that the accident occurred due to sole negligence of the deceased, the Tribunal has awarded N.S. Kamble page 1 of 2

79-WITHDRAWAL-IA-10755-2025 IN FA-912-23.doc compensation on higher side without evidence on record. Hence, requested to dismiss the Application.

4.

I have heard both the learned counsel.

5.

The deceased was only earning member of the family, the Applicant's needs the amount for their daily expenses. They have no source of income. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2