Allowed

Smt. Kanta Mukesh Hadiya and Ors. v. Icici Lombard General Insurance Co. Ltd. and Anr.

Bombay HC12 Nov 2024IA/14289/2024

Case brief

AI extract

What is this about?

High Court of Bombay granted interim relief allowing the dependents of a deceased person to withdraw 40% of the deposited insurance compensation, plus interest, to meet daily expenses, deferring the insurance company's objection regarding income tax returns to the final appeal hearing.

What did the court decide?

Permitted withdrawal of 40% of the deposited amount along with accrued interest on furnishing usual undertaking.

Smt. Kanta Mukesh Hadiya and Ors. vs Icici Lombard General Insurance Co. Ltd. and Anr. — Bombay HC (2024) — LawSathi Research

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Shubhada S Kadam 50-ia-14289-2024-fa-539-2024(withdrawal).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14289 of 2024 in

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FIRST APPEAL NO. 539 of 2024

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Kanta Mukesh Hadiya and ors. …. Applicants

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In the matter of

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ICICI Lombard General Insurance Co.Ltd. and anr. …. Appellant Versus

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Kanta Mukesh Hadiya and ors. …. Respondents

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Ms. Rina Kundu, Advocate for the Applicants/Claimants. Mr. Devendranath Joshi, Advocate for the Appellant.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 22^nd NOVEMBER, 2024.

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P.C. :

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Heard learned counsel for the applicants and learned counsel for appellant-Insurance Company.

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By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submits that the deceased was the sole earning member of the applicants’ family. The applicants have no source of income, they need the amount for their daily expenses. Hence, requested to allow the application.

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Learned counsel for appellant - Insurance Company strongly objected to allow the application on the ground that two income tax

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Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.11.24 13:06:24 +0530

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1/2

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Shubhada S Kadam 50-ia-14289-2024-fa-539-2024(withdrawal).doc

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returns were produced before the learned Tribunal, that too, after the death of the deceased and those were concsidered by learned Tribunal and on that basis compensation is awarded which is erroneous, hence, requested to reject the application.

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I have heard both learned counsel. The deceased was the sole earning member of the applicants’ family. The applicants have no source of income, they need the amount for their daily expenses. The grounds raised by the appellant-Insurance can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

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O R D E R

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The application is allowed.

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The applicants are permitted to withdraw 40% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking.

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The application is disposed of.

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(SHIVKUMAR DIGE, J.)

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Smt. Kanta Mukesh Hadiya and Ors. v. Icici Lombard General Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Kanta Mukesh Hadiya and Ors. v. Icici Lombard General Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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