Sou.Minabai Pandharinath Phapale And ANR. v. Maharashtra State Transport Corporation,Mumbai Thr.Divisional Controller, Msrtc, Pune

57-1-IA-748-24 IN FAST-24964-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.748 OF 2024 IN FIRST APPEAL (ST) NO. 24964 OF 2023 Sou.Minabai Pandharinath Phapale & Anr.

....Applicants NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2024.01.29 14:47:19 +0530 V/s.

Maharashtra State Transport Corporation, Mumbai, The Divisional Controller, MSRTC, Pune ....Respondent ---- Mr.D.D. Rananaware, for the Applicant.

Ms.Vaishnavi M. Gujarathi, for the Respondent. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 24th JANUARY 2024 P.C:- .

Heard learned counsel for the Applicants.

2.

The learned counsel for the Applicants submit that the deceased sole earning member of the Applicant's family. The Applicants needs the amount for their daily expenses. They are facing starvation as there is no source of income. Hence, requested to allow the Application.

N.S. Kamble page 1 of 2

57-1-IA-748-24 IN FAST-24964-23.doc 3.

The learned counsel for the Respondent has objected to allow the Application on the ground that the accident was occurred due to sole negligence of the deceased, but this fact is not considered by the Tribunal. The deceased has not holding effective and valid license. Hence, requested to dismiss the Application.

4.

I have heard both the learned counsel.

5.

The deceased was only earning member of the family, the Applicants needs the amount for their daily expenses. They have no source of income. 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.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 25% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2