Mr. Chhogaram Ghevar And ORS. v. M/S. Cholamandalam Ms General Insurance Co. Ltd. Navi Mumbai

908-1-WITHDRAWAL-IA-10844-25 IN FA-189-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10844 OF 2025 IN FIRST APPEAL NO. 189 OF 2025 Mr. Chhogaram Ghevar And Ors.

.... Applicants V/s.

by NILAM SANTOSH KAMBLE Date: 2025.08.08 10:50:39 +0530 NILAM SANTOSH KAMBLE M/s. Cholamandalam Ms General Insurance Co. Ltd. Navi Mumbai .... Respondent ---- Mr.T.R. Kale i/b Mr.T.J. Mendon, for Applicant Nos.1 to 4. Mr.Devidas G. Bhoir i/b Mr.Pandit Kasar, for the Respondent. ---- 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 Tribunal has considered monthly income of the deceased on higher side and N.S. Kamble page 1 of 2

908-1-WITHDRAWAL-IA-10844-25 IN FA-189-25.doc on that basis compensation is awarded, which is on higher side. 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 Applicants 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 30% amount along with accrued interest thereon on furnishing undertaking.

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