Allowed

Smt Krishnabai Dnyaneshwar Ingawale and Ors. v. the New India Assurance Co. Ltd.,Pune and Anr.

Bombay HC14 Feb 2023IA/1361/2023

Case brief

AI extract

What is this about?

In an interim application within a civil appeal against an insurance claim, the single judge allowed the applicants to withdraw 25% of the deposited amount with accrued interest. The court deferred consideration of the respondents' objection regarding policy breach to the final hearing of the appeal.

What did the court decide?

Permission to withdraw 25% of the deposited amount along with accrued interest upon furnishing an undertaking.

Smt Krishnabai Dnyaneshwar Ingawale and Ors. Vs the New India… — Insurance | Bombay HC (2023)

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23-ia-1361-2023 in fa-381-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.1361 OF 2023 IN

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FIRST APPEAL NO.381 OF 2021

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Smt.Krishnabai Dnyaneshwar Ingawale & Ors. ...Applicants

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Versus

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The New India Assurance Co. Ltd., Pune & Mumbai & Anr. ...Respondents

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Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2023.02.17 10:13:59 +0530

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Mr.Yogesh Pande, for the Applicants.

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Mr.Rajesh Kanojia a/w Ms.Nikita Singh, Ms.Aarushi Srivastava i/b Res Juris, for Respondent No.1.

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CORAM : S.G. DIGE, J.

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DATE : 14 FEBRUARY 2023

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P.C:-

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. Heard learned counsel for the Applicants and the learned counsel for Respondent No.1.

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The learned counsel for the Applicants submit that the deceased was husband of Applicant No.1 and father of Applicant Nos.2 and 3.

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The deceased was sole bread earner of Applicants family. After death of deceased Applicants are facing starvation. They have no source of income. The Applicants needed the

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N.S. Kamble page 1 of 2

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23-ia-1361-2023 in fa-381-2021.doc

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amount for their daily expenses. Hence, requested to allow the Application.

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The learned counsel for Respondent No.1 strongly objected to allow the Application on the ground that there was breach of terms of Insurance Policy. The offending jeep had passengers more than permitted capacity but this fact is not considered by the Tribunal and awarded exorbitant and excessive compensation. Hence, requested to dismiss the Application.

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I have heard both learned counsel.

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The deceased was sole bread earner of the Applicants family. The Applicants needed the amount for their daily expenses. The grounds raised by the Respondent can be considered at the time of the final hearing of the Appeal. Hence, I pass following order.

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ORDER

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(i) The Application is allowed. (ii) The Applicants are permitted to withdraw 25% amount along with accrued interest out of the deposited amount, on furnishing undertaking.

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N.S. Kamble page 2 of 2

Smt Krishnabai Dnyaneshwar Ingawale and Ors. v. the New India Assurance Co. Ltd.,Pune and Anr.

Case brief

What is this about?

What did the court decide?

Smt Krishnabai Dnyaneshwar Ingawale and Ors. v. the New India Assurance Co. Ltd.,Pune and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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