Smt. Sharda Narendra Bhagwat v. Secretary Maharashtra State Road Transport Corporation Limited, Satara

Bhalchandra 25-IA-4059-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4059 OF 2023 IN FIRST APPEAL (STAMP) NO. 31373 OF 2022 Smt. Sharada Narendra Bhagwat & Anr.

...Applicants

IN THE MATTER BETWEEN

Secretary Maharashtra State Road Transport Corporation Ltd. Satara.

...Appellant

Versus

Smt. Sharada Narendra Bhagwat & Anr.

...Respondents

Mr. Manjeet Lotankar i/by Mr. D. D. Rananaware for the Appellant. Mr. Manoj A. Patil for the Applicants/Respondents.

CORAM

: SHIVKUMAR DIGE, J.

DATE : 24th APRIL, 2023.

P. C. :

1.

Learned Counsel for the Applicants submits that the deceased was the sole earning member of the Applicants' family. Applicants have no source of income. Applicants need amount for daily expenses. Hence, requested to allow the Application.

2.

Learned Counsel for the Appellant-Insurance Company strongly objected to allow the Application on the ground that the Tribunal has considered monthly income of the deceased on higher side and on that basis exorbitant and excessive compensation is awarded.

Bhalchandra 25-IA-4059-2023.odt Hence, requested to dismiss the Application.

3.

I have heard both learned Counsel.

4.

Deceased was sole earning member of the Applicants' family. Applicants have no source of income. Applicants need the amount for daily expenses. The issue raised by the learned Counsel for the Appellant can be considered at the time of final disposal of the Appeal. Hence, I pass following order :

ORDER

i.

Application is allowed.

ii.

The Applicants are permitted to withdraw 50% amount out of deposited amount alongwith accrued interest thereon, on furnishing an undertaking.

iii.

Application is disposed of.

(SHIVKUMAR DIGE, J.)