Shilpeedevi Ravikumar Prasad And ORS. v. Umesh Ramjit Mishra
S.S.Kilaje 912-IA-10903-25-withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10903 OF 2025 IN FIRST APPEAL NO. 1320 OF 2025 Shilpeedevi Ravikumar Prasad And Ors.
... Applicants
IN THE MATTER OF
Reliance General Insurance Co. Ltd.
... Appellant
Versus
Shilpeedevi Ravikumar Prasad And Ors.
... Respondents by SONALI SATISH KILAJE Date:
2025.08.11 15:24:21 +0700 SONALI SATISH KILAJE .............
Mr. T.R.Kale, Advocate for Applicants.
Mr. Kushal Harnesha i/b. Ms. Kalpana Trivedi, Advocate for the Appellant.
CORAM
: SHIVKUMAR DIGE, J.
DATED : 8th 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 Tribunal has considered monthly income of the deceased on higher side and on that basis the Tribunal has awarded compensation 1/2
S.S.Kilaje 912-IA-10903-25-withdrawal.doc which is erroneous, hence 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.) 2/2