Smt.Suman Balu Pawar And ANR. v. Maharashtra State Road Transport Corporation Through The Divisional Controller, Thane

Saeed 18-IA-3735-2023 IN FA-216-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3735 OF 2023 IN FIRST APPEAL NO.216 OF 2022 Suman Balu Pawar And Anr.

... Applicants V/s.

Maharashtra State Road Transport Corporation Through the Divisional Controller, Thane ... Respondent ***** Ms. Rina Kundu for the Applicants.

Mr. Aniket Nangare i/by Mr. N.V. Bhutekar for the Respondent. *****

CORAM

: SHIVKUMAR DIGE, J.

DATED : 17th APRIL, 2023 P.C.:

1.

Heard learned counsel for the Applicants and learned counsel for the Respondent.

2.

Learned counsel for the Applicants submits that deceased was daughter of Applicants. The Applicants needs the amount for their daily expenses. She was sole earning member of Applicant's family. The Applicants have no source of income. Hence, requested to allow the application.

3.

Learned counsel for the Respondent strongly objected to allow the application on the ground that the accident was occurred due to sole negligence of motorcycle rider i.e. Applicant

Saeed 18-IA-3735-2023 IN FA-216-2022.doc No.2. The Applicants have not joined necessary parties. Hence, requested to dismiss the application.

4.

I have heard both the learned counsel.

5.

Deceased was sole earning member of the Applicant's family. The Applicants needs the amount for their daily expenses. The Applicants have no source of income. Hence, I pass following order:-

O R D E R

(i) Application is allowed.

(ii) The Applicants are permitted to withdraw 30% amount along with accrued interest thereon out of deposited amount on furnishing undertaking.

(iii) Application is disposed of.

(SHIVKUMAR DIGE, J.)