Allowed

Smt. Bharti Sunil Shinde and Ors. v. Divisional Manager ,New India Assurance Co. Ltd.,Nashik

Bombay HC6 Feb 2023IA/336/2023

Case brief

AI extract

What is this about?

In an interim application in a first appeal, the High Court allowed the applicants, a family of a deceased family head, to withdraw 50% of the deposited insurance amount along with interest for daily expenses, subject to furnishing an undertaking, while deferring the issue of negligence to the final hearing.

What did the court decide?

Applicants permitted to withdraw 50% amount along with accrued interest out of deposited amount on furnishing undertaking.

Smt. Bharti Sunil Shinde and Ors. Vs Divisional Manager… — Banking and Recovery | Bombay HC (2023)

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Digitally signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2023.02.0719:20:23 Shantanu Dhudum +0530

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16.IA-336--2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 336 OF 2023 IN

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FIRST APPEAL NO. 23 OF 2022

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Smt. Bharti Sunil Shinde And Ors. ...Applicants In the matter between Divisional Manager, New India Assu. Co. Ltd. ...Appellant Versus Smt. Bharti Sunil Shinde And Ors.. ...Respondents

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Mr. Pritesh K. Bohade for the Applicant in IA/336/2023. Mr. Asim S. Vidyarthi a/w Adv. Ishita Bhole, for the Appellant in FA/23/2022 & Respondents in IA/336/2023.

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CORAM : S. G. DIGE, J.

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DATE : 6^th FEBRUARY 2023.

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P.C. :

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Heard learned counsel for the Applicants and learned counsel for the Respondents.

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The learned counsel for the Applicants submits that deceased was the son of Applicants. Deceased was the Karta of Applicants' family, after the death of deceased, there is no source of income to the Applicants' family. Hence, they require the amount for daily expenses. Applicant No. 1 is the widow of deceased. Applicant

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16.IA-336--2023.doc

Shantanu Dhudum

Nos. 2 and 3 are the sons of deceased and Applicant Nos. 4 and 5 are parents of the deceased.

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The learned counsel for the Respondents-Insurance Company vehemently objected to allow the application on the ground that the accident had occurred due to sole negligence of the deceased, as he dashed to the stationary truck from back side, but Tribunal has not considered this fact.

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The learned counsel further submits that at least Tribunal ought to have considered contributory negligence of the deceased as there were brake marks on the road which indicates that the accident had occurred due to negligence of deceased. But, this fact is not considered by the Tribunal which is challenged by the Respondents by way of Appeal. Hence, requested to dismisse the Application.

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I have heard both learned counsel. Deceased was the Karta of Applicants' family. Applicants needed the amount for their daily expenses. The issue of contributory negligence as raised by learned counsel for the Respondents, can be considered at the time of final hearing. Hence, I pass following order.

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ORDER

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Application is allowed.

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Applicants are permitted to withdraw 50% amount along with accrued interest thereon out of deposited amount on furnishing undertaking.

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Application is disposed of.

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(S. G. DIGE, J.)

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Smt. Bharti Sunil Shinde and Ors. v. Divisional Manager ,New India Assurance Co. Ltd.,Nashik

Case brief

What is this about?

What did the court decide?

Smt. Bharti Sunil Shinde and Ors. v. Divisional Manager ,New India Assurance Co. Ltd.,Nashik

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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