Hirabai Ramlal Shelar And Anr vs The New India Insurance Corrected ...
2022 Latest Caselaw 10407 Bom

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                                                                      14344.22CA

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      16 CIVIL APPLICATION NO.14344 OF 2022
                         IN FIRST APPEAL NO.1409 OF 2022

                  HIRABAI RAMLAL SHELAR & ANOTHER
                                   VERSUS
            THE NEW INDIA INSURANCE CORRECTED ASSURANCE
                                  CO.LTD.
                                      ...
                Advocate for the applicants : Mr.A.R.Borulkar
             Advocate for Respondent no.1 : Mr.S.G.Chapalgaonkar
                                      ...

                                          CORAM : S.G.DIGE, J.
                                          DATE : 10.10.2022
          P.C. :

          1]               Heard the learned counsel for the applicants
          and the learned counsel for the respondent no.1.


          2]               The learned counsel for the applicants submits
          that respondent no.1 has challenged the judgment and
          award passed by the Tribunal and has deposited the entire
          award amount before this Court. The applicants are the
          legal heirs of the deceased. They need amount for daily
          expenses. They are facing starvation due to financial crisis,
          hence, requested to allow the present application.


          3]               It is the contention of the learned counsel for
          respondent no.1 that though in the claim petition the
          income of the deceased was shown as Rs.11,000/- per




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                                                                        14344.22CA

          month, the Tribunal has considered more than Rs.13,000/-
          per month income of the deceased; it is exorbitant. No
          documentary evidence is produced on record to show the
          income of the deceased on which basis the calculations are
          done and this fact is challenged by respondent no.1 before
          this Court by way of this appeal, hence, requested to dismiss
          the application.


          4]               I have heard both learned counsel. The
          applicants needed the amount for daily expenses. The issue
          raised in the appeal is only regarding income of the
          deceased considered by the Tribunal on higher side.


          5]               In view of this, I pass the following order:-


                                          ORDER

i] The application is allowed.

ii] The applicants are permitted to withdraw 50% amount along with accrued interest thereon, out of deposited amount, on furnishing undertaking.

iii] Civil Application is disposed of accordingly.

[S.G.DIGE] JUDGE DDC