Smt. Vaishali Padmakar Bagul And ORS. v. The Manageir Director, Pune Mahanagar Parivahan Mahandal Ltd.,

Shantanu Dhudum 33-CAF-279-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 279 OF 2020 IN FIRST APPEAL NO. 1365 OF 2014 Smt. Vaishali Padmakar Bagul & Ors.

....Applicants

Versus

The Managing Director, Pune Municipal Parivahan Mahamandal Ltd.

....Respondent ----- Mr. Makarand Bakore for the Applicants.

Ms. Swati Sharma i/b Anjali Purav for the Respondent. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2023.07.28 17:24:05 +0530 SHANTANU SHANKARSA DHUDUM DATE : 25th APRIL 2023.

P.C. :

1.

Learned counsel for the applicants submit that applicant no. 2 is pursuing the M.B.A. He needs the amount for paying the course fees. This court has permitted the applicants to withdraw the amount. Earlier, applicant no.1 is looking after applicant nos. 2 and 3. Deceased was the sole earning member of applicants' family, applicants have no source of income, they need the amount for daily expenses and paying the education fees of applicant no. 2. Hence, This order is corrected as per speaking to the minutes of order dated 25th July, 2023 1/2

Shantanu Dhudum 33-CAF-279-2020.doc requested to allow the Application.

3.

Learned counsel for the respondent no.1 submits that there is inter se dispute between the Applicants and Respondent Nos. 4 and 5 regarding the apportionment of compensation. The Respondent No. 1 has challenged the impugned order on various grounds. Hence, requested to dismiss the Application.

4.

I have heard both learned counsel. Deceased was the sole earning member of Applicants' family. Applicants have no source of income, they need the amount for daily expenses and paying education fees of Applicant No. 2. On last date, last chance was given to Respondent Nos. 4 and 5 to argue the matter. Today also none present for the Respondent Nos. 4 and 5. Hence, I pass following order.

ORDER

i.

Application is allowed.

ii.

Applicants are permitted to withdraw Rs.5,00,000/- along with accrued interest thereon, out of deposited amount on furnishing undertaking.

iii.

Application disposed of.

(SHIVKUMAR DIGE, J.) This order is corrected as per speaking to the minutes of order dated 25th July, 2023 2/2