Harunrasid Abdulkarim Khan And ANR. v. M/S. Stc. Etc Mae (Jv) And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION IN FIRST APPEAL NO.9 OF 2023 IN FIRST APPEAL NO.664 OF 2014 Harunrasid Abdulkarim Khan & Anr.

....Petitioners V/s.

M/s.STC. ETC MAE (JV) & Anr.

....Respondents ---- Mr.T.J. Mendon, for the Petitioners.

Mr.Himanshu B. Takke i/b Mr.Milind V. More, for the Respondents.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.12.12 18:17:12 +0530 ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 7th DECEMBER 2023 P.C:- .

By this Review Petition, Review Petitioner seeks review of the order passed by this Court.

2.

It is contention of the learned counsel for Review Petitioners that, this Court has allowed the Appeal filed by Review Petitioners. The learned counsel further submitted that, the Tribunal has awarded Rs.1,00,000/- compensation to the Review Petitioners, whereas Tribunal had come to the conclusion that, the Review Petitioners are entitled for Rs.2,70,000/-, but N.S. Kamble page 1 of 3

considering the negligence of the grand-father of the deceased, the Tribunal has deducted amount of Rs.1,70,000/- from the whole amount. This Court has awarded the amount of Rs.1,70,000/- to the Review Petitioners. The issue in Review Petition is, whether this Court has awarded Rs.1,70,000/-, including Rs.2,70,000/- excluding Rs.1,00,000/- earlier granted by the Tribunal or not.

3.

It is contention of the learned counsel for the Respondent that, the order passed by this Court is legal and valid and no interference is required in it.

4.

I have heard both learned counsel.

5.

This Court in Order dated 17th March 2023 in para six has observed that, the Tribunal while awarding the compensation has come to the conclusion that, the Claimant's are entitled for Rs.2,70,000/-, in spite of that, Tribunal has awarded Rs.1,00,000/-. Hence, Review Petitioner's -Claimants are entitled for remaining amount of Rs.1,70,000/-. There is no question of getting more amount.

N.S. Kamble page 2 of 3

6.

In view of above, I pass following order.

ORDER

(i) Order dated 17th March 2023 is modified and Review Petition is disposed of with following modification.

"The Tribunal has awarded Rs.1,00,000/- to the Review Petitioner's and this Court has awarded Rs.1,70,000/-, in addition to it so Review Petitioner's entitled for total amount of Rs.2,70,000/-."

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3