Mr. Akshat Sushil Kumar Mundhra -Dead Thr. The Proposed Lrs.1-A)Mr.Sulshilkumar S/O Late B.Mundhra. v. Mr. Bhanudas Damodar Ahire And ANR.
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION Digitally signed by SONALI MILIND PATIL Date:
2022.07.08 16:39:36 +0530 SONALI MILIND PATIL CIVIL APPLICATION NO.3151 OF 2019 IN FIRST APPEAL (ST) NO. 25630 OF 2018 Akshat Sushil Kumar Mundhra since deceased through legal heirs 1-A) Sushilkumar B Mundhra ...Applicant
Versus
Bhanudas Damodar Ahire & Anr
...Respondents
WITH INTERIM APPLICATION NO. 264 OF 2020 IN Transport Manager, Pune Municipal Transport ...Applicant
Versus
Akshat Sushilkumar Mundhra through guardian father Sushilkumar Bishwanath Mundhra & Anr
...Respondents
WITH INTERIM APPLICATION NO. 3762 OF 2022 IN FIRST APPEAL NO. 192 OF 2019 Akshat Sushilkumar Mundhra (deceased) through legal heir Sushilkumar s/o late Bishwanath Mundhra ...Applicant
Versus
Transport Manager, Pune Municipal Transport
...Respondents
WITH CIVIL APPLICATION NO.658 OF 2019 IN FIRST APPEAL NO. 192 OF 2019 Transport Manager, Pune Municipal Transport ...Applicant
Versus
Akshat Sushilkumar Mundhra (deceased) through legal heir Sushilkumar s/o late Bishwanath Mundhra & Anr
...Respondents
Mr DD Shinde, with Yogesh Thorat, for the Applicant/Appellant. Ms Madhvi Tavanandi, i/b CM Lokeshappa, for the Respondents.
CORAM
G.S. Patel & Madhav J. Jamdar, JJ.
DATED:
PC:- CIVIL APPLICATION NO. 3151 OF 2019 IN FIRST APPEAL (ST) NO. 25630 OF 2018:
1.
Civil Application No.3151 of 2019 in First Appeal (ST) No.25630 of 2018 is made absolute. It seeks to bring on record the legal heirs of deceased sole Appellant. Amendment is to be carried out within two weeks without need of reverification.
INTERIM APPLICATION NO. 264 OF 2020 IN FIRST APPEAL NO. 192 OF 2019:
2.
Not on board. Taken on board.
3.
Interim Application No. 1 of 2019 is to bring on record heirs and legal representatives of deceased 1st Respondent. 4.
The IA is made absolute. Amendment is to be carried out within two weeks without need of reverification. INTERIM APPLICATION NO. 3762 OF 2022 IN FIRST APPEAL NO. 192 OF 2019:
5.
This is an IA by the Appellant seeking leave to withdraw the entire amount deposited. The accident victim was 100% disabled as a result of accident but survived in that terrible condition for eleven long years. When he died he was survived by his two aged parents. The father spent at least Rs. 40,000/-per month on basic upkeep and maintenance of the unfortunate victim. The accident was between victim's motorcycle and a bus of the Pune Municipal Transport near the Pune University on a bridge opposite E-Square Theatre. Altogether the parents have spent over Rs. 20 lacs only on this expenditure apart from losing a source of support and sustenance for themselves.
6.
The accident took place fourteen years ago on 19th February 2007. The claim was decided on 19th April 2018.
7.
Having regard to all these circumstances, and in view of the fact that amount of approximately 2 crores has been deposited, we permit the surviving claimants (parents of the victim) to withdraw without security but only on furnishing an undertaking an amount of Rs. 1.25 crores.
8.
We also place the Appeal itself peremptorily for final disposal on the earliest possible date. We will proceed on the basis of a private paper book since the record is very small. The Learned Advocate for the Appellant will prepare private paper book and will serve a copy on Ms Tavanandi, learned counsel for the Respondent. 9.
List the matter on 26th August 2022 at 2.30 pm. (Madhav J. Jamdar, J) (G. S. Patel, J)