Allowed

Shriram Dinkarrao Deshmukh and Ors. v. the Divisional Controller, Oriental Insurance Co. Ltd. Nashik

Bombay HC18 Nov 2024IA/14732/2024

Case brief

AI extract

What is this about?

In an interim application within a first appeal regarding an insurance claim, the High Court of Judicature at Bombay allowed the applicants to withdraw 30% of the deposited amount along with accrued interest, deferring the insurance company's objections to the final hearing.

What did the court decide?

Withdrawal of 30% of the deposited amount along with accrued interest on furnishing usual undertaking.

Shriram Dinkarrao Deshmukh and Ors. vs the Divisional… — Banking and Recovery | Bombay HC (2024)

¶1

Shubhada S Kadam 35-ia-14732-2024-fa-1210-2024(withdrawal).doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

INTERIM APPLICATION NO. 14732 of 2024 IN

¶4

FIRST APPEAL NO. 1210 of 2024

¶5

Shriram Dinkarrao Deshmukh and ors. …. Applicants

¶6

In the matter of

¶7

The Divisional Officers, Oriental Insurance Co.Ltd. … Appellant Nashik

¶8

versus

¶9

Shriram Dinkarrao Deshmukh and ors. …. Respondents

¶10

Mr. Rajan S. Pawar, Advocate for Applicants/Respondent Nos.1 to 3. Mr. Rajesh Kanojia i/b.Res Juris, Advocates for the Appellant.

¶11

CORAM : SHIVKUMAR DIGE, J.

¶12

DATE : 18^th NOVEMBER, 2024.

¶13

P.C. :

¶14

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

¶15

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.

¶16

Learned counsel for appellant - Insurance Company strongly objected to allow the application on the ground that deceased was 10^th pass. It is the case of the applicants that the deceased was a fashion

¶17

1/2

¶18

Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.11.19 13:58:56 +0530

¶19

Shubhada S Kadam 35-ia-14732-2024-fa-1210-2024(withdrawal).doc

¶20

designer without doing any diploma in fashion designing. They were residing in small room. Without considering this fact, the learned Tribunal has awarded amount of Rs.54,00,000/- which is on much higher side. Learned counsel for the appellant further submitted that the Tribunal has considered the Income Tax Return of only one year. The said impugned order has been challenged by the appellant. Hence, requested to reject the application.

¶21

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 :

¶22

O R D E R

¶23

The application is allowed.

¶24

The applicants are permitted to withdraw 30% amount along with accrued interest therein, out of the deposited amount on furnishing usual undertaking.

¶25

The application is disposed of.

¶26

(SHIVKUMAR DIGE, J.)

¶27

2/2

Shriram Dinkarrao Deshmukh and Ors. v. the Divisional Controller, Oriental Insurance Co. Ltd. Nashik

Case brief

What is this about?

What did the court decide?

Shriram Dinkarrao Deshmukh and Ors. v. the Divisional Controller, Oriental Insurance Co. Ltd. Nashik

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Iffco Tokio General Insurance Co.Ltd.Thr.Its.Csc Head Mr.N K Arvindkumar Vs Smt.Anitaben Manojbhai Patel and Ors.

Cholamandalam M.S. General Isurance Co. Ltd. Thr. Its Manager, Neha S. Hake vs Kum. Simran Arif Pathan (Minor) and Ors.

Cholamandalam M.S. General Insurance Co. Ltd. Thr. Its Manager, Neha S. Hake vs Kum. Simran Arif Pathan (Minor) and Ors.

Sou.Kamal Vishnu Shendge vs Shri.Sayyad Dastagir Honmurgi and Ors.

Divisional Manager, United India Insurance Companylimited vs Dhanashri Charan Patil and Ors.

Shravan Kashinath Savgave vs the State of Maharashtra