Disposed

Sou. Pravina Pradeep Gokhale and Anr. v. the New India Assurance Co. Ltd. Thr. Mumbai Legal Hub

Bombay HC18 Apr 2023IA/921/2023

Case brief

AI extract

What is this about?

In an interim application regarding a first appeal for compensation, the Single Judge allowed the application permitting the applicants to withdraw 50% of the deposited amount plus interest, pending the final hearing where the cheque dishonor issue will be addressed.

What did the court decide?

Permission to withdraw 50% of the deposited amount along with accrued interest upon furnishing an undertaking.

Sou. Pravina Pradeep Gokhale and Anr. Vs the New India Assurance Co. Ltd. Thr. Mumbai Legal Hub — Bombay HC (2023) — LawSathi Research

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28-3-IA-921-2023 in FA(ST)-29840-2017.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.921 OF 2023 IN

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FIRST APPEAL (ST) NO.29840 OF 2017

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NILAM Digitally signed byNILAM SANTOSH SANTOSH KAMBLE KAMBLE Date: 2023.04.1913:11:26 +0530

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Sou. Pravina Pradeep Gokhale And Anr. ...Applicants Versus The New India Assurance Co. Ltd. Thr. Mumbai Legal Hub ...Respondents

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Mr.Bhavesh Magam i/b Mr.Rajesh More, for the Applicant. Mr.D.S. Joshi, for the Respondents.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 18 APRIL 2023

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P.C:-

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. Heard learned counsel for the Applicants.

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The learned counsel for the Applicants submits that the deceased was sole earning member of the Applicant’s Family. The Applicants have no source of income. They needs the amount for their daily expenses. Since, accident the Applicants have not received any compensation. Hence, requested to allow the Application.

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The learned counsel for the Respondent-Insurance Company has objected to allow the Application on the ground

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N.S. Kamble page 1 of 2

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28-3-IA-921-2023 in FA(ST)-29840-2017.doc

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that the cheque which was given as a premium of Insurance Policy was dishonored. In similar matters the Tribunal has passed pay and recovery order. But in the present matter the Tribunal has fixed liability on Insurance Company which is improper. Hence, requested to dismiss the Application.

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4. I have heard both the learned counsel.

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The deceased was sole earning member of the family. The Applicants have no source of income. The Applicants needs the amount for daily expenses. The issue raised by the learned counsel for 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 50% amount out of the deposited amount along with accrued interest thereon on furnishing undertaking.

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(SHIVKUMAR DIGE, J.)

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N.S. Kamble page 2 of 2

Sou. Pravina Pradeep Gokhale and Anr. v. the New India Assurance Co. Ltd. Thr. Mumbai Legal Hub

Case brief

What is this about?

What did the court decide?

Sou. Pravina Pradeep Gokhale and Anr. v. the New India Assurance Co. Ltd. Thr. Mumbai Legal Hub

Case brief

What is this about?

What did the court decide?

What the court decided

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