Smt. Ranjana Pradip Dudhane And ORS. v. Maharashtra State Road Transport Corporation Ltd.
Shantanu Dhudum 42-IA-8559-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 8559 OF 2024 Digitally signed by SHANTANU SHANKARSA DHUDUM Date:
2024.05.10 09:14:33 +0530 SHANTANU SHANKARSA DHUDUM IN FIRST APPEAL NO. 35 OF 2024 Ranjana Pradip Dudhane & Ors.
....Applicants
IN THE MATTER BETWEEN
Maharashtra State Road Transport Corporation Limited M.S.R.T.C. Pune ....Appellant
Versus
Ranjana Pradip Dudhane & Ors.
....Respondents ----- Mr. Narayan G. Raokade, Advocate for the Applicant/Respondent Nos.1 to 3.
Mr. Manjeet Lotankar i/b Mr. D. D. Rananaware, Advocate for the Appellant/Insurance Company.
----- CORAM : SHIVKUMAR DIGE, J.
DATE : 8th MAY, 2024.
P.C. :
1.
By this application, Applicants are seeking withdrawal of the amount.
2.
Learned counsel for the Applicants submits that deceased was the sole earning member of Applicants' family. Applicants have no source of income. Applicants need the amount for their daily 1/2
Shantanu Dhudum 42-IA-8559-2024.doc expenses. Hence, requested to allow the Application. 2.
Learned counsel for the Appellant/Insurance Company submits that accident occurred due to sole negligence of the deceased at the time of accident, he was not wearing helmet but this fact is not considered by the Tribunal. Hence, requested to reject the Application.
3.
I have heard both learned counsel.
4.
Deceased was the sole earning member of Applicants' family. Applicants need the amount for their daily expenses. Applicants have no source of income. The issue raised by learned counsel for the Appellant/Insurance Company can be considered at the time of final hearing of the Appeal and, I pass following order:
ORDER
i. Application is allowed.
ii. Applicant is permitted to withdraw 40% amount out of deposited amount along with accrued interest thereon, on furnishing undertaking.
. The interim application stand disposed. (SHIVKUMAR DIGE, J.) 2/2