Kumari Shilpa Vasant Thakkar And ANR. v. M/S New India Assurance Co.Ltd.

63-1-IA-12365-25 IN FA(ST)-4200-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12365 OF 2025 IN FIRST APPEAL (ST) NO.4200 OF 2025 Kumari Shilpa Vasant Thakkar & Anr.

.... Applicant V/s.

M/s.The New India Assurance Co. Ltd.

.... Respondent ---- Mr.Pritesh Bohade, for the Applicant.

Mr.Milind More, for the Respondent.

by NILAM SANTOSH KAMBLE Date: 2025.11.24 10:56:32 +0530 NILAM SANTOSH KAMBLE ---- CORAM : R.M. JOSHI, J.

DATE : 21st NOVEMBER 2025 P.C:- .

This Application is filed by the Original Claimant for withdrawal of the amount deposited by the Insurer in this Court pursuant to the order dated 9th April 2025 passed in Application No.7199 of 2025.

2.

The learned counsel for the Claimants submits that the challenged to the impugned order on the ground of the quantum of the compensation. It is his submission that, in any case, even if, for the sake of the argument the contention of the N.S. Kamble page 1 of 2

63-1-IA-12365-25 IN FA(ST)-4200-2025.doc Appellant/Insurer is accepted, the Claimant would recently be entitled to received compensation on the basis of the notional income at least Rs.5,000/- per month.

3.

The learned counsel for the Appellant-Insurer opposed the Application.

4.

The Appeal is on quantum, even if it is accepted for the sake of the argument the Claimant is failed to prove the income, the notional income would certainly not being Rs.5,000/- per month. In the result, it is fit case to allow the Claimant at least 50% of the amount. Hence, ordered.

ORDER

(i) The Respondent/Original Claimant is permitted to withdraw 50% amount on furnishing usual undertaking.

(R.M. JOSHI, J.) N.S. Kamble page 2 of 2