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Bombay High CourtIA/3753/2023disposed off

Dilip Appa Hadambar v. Maharashtra State Road Transport Corporation Thr. Divisional Controller, Satara Division, Satara

2023-04-18Hon'Ble Shri Justice Shivkumar Dige2 pages

16-IA-3753-2023 in FA-584-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3753 OF 2023 IN FIRST APPEAL NO.584 OF 2022 Dilip Appa Hadambar ...Applicants

Versus

Maharashtra State Road Transport Corporation Thr. Divisional Controller, Satara Division, Satara

...Respondents

---- Mr.Pritesh Bohade, for the Appellants.

Mr.Aniket Nangare i/b Mr.N.V. Bhutekar, for the Respondent. NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.04.19 13:11:21 +0530 ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 18 APRIL 2023 P.C:- .

Heard learned counsel for the Applicants.

2.

The learned counsel for the Applicants submits that the Applicant has suffered 50% disability in the said accident. After the accident the Applicant is unable to do any work. He has no source of income. He requires amount for daily expenses. Hence, requested to allow the Application.

3.

The learned counsel for the Respondent has objected to allow the Application on the ground that the Tribunal has N.S. Kamble page 1 of 2

16-IA-3753-2023 in FA-584-2022.doc awarded compensation on higher side and disability is considered on higher side. Hence, requested to dismiss the Application. 4.

I have heard both the learned counsel.

5.

Admittedly, the Applicant has suffered 50% disability in the accident. After the accident he has no source of income. The Applicant needs the amount for daily expenses and medical expenses. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicant is permitted to withdraw 50% amount out of the deposited amount along with accrued interest thereon on furnishing undertaking. (SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2