Jyoti Rahul Borade And ORS. v. Maharashtra State Road Transport Corporation Thr. Divisional Controller

Shubhada S Kadam 35-ia-1942-fa-393-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1942 OF 2024 IN FIRST APPEAL NO. 393 OF 2021 Jyoti Rahul Borade and ors.

.... Applicants/ Original Claimants.

In the matter of :

Maharashtra State Road Transport Corporation ... Appellant versus Jyoti Rahul Borade and ors.

.... Respondents Ms. Pooja Joshi, Advocate for the Applicants/claimants. Mr. Aniket Nangare i/b. Mr. Nitesh V. Bhutekar Advocate for the Appellant-Corporation.

CORAM : SHIVKUMAR DIGE, J.

DATE : 26th FEBRUARY, 2024.

P.C. :

1.

Heard learned counsel for the applicants and learned counsel for the appellant-Corporation.

2.

Learned counsel for the applicants submitted that the deceased was the sole earning member of the applicants' family. After the death of deceased, the applicants have no source of income. The applicants need the amount for their daily expenses. Hence, requested to allow the application.

3.

Learned counsel for the appellant-Corporation strongly objected to allow the application on the ground that the accident occurred Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.03.01 11:59:53 +0530 1/2 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 35-ia-1942-fa-393-2021.doc due to negligence of the deceased but the Tribunal has not considered this fact and the income of the deceased is considered on higher side. Hence, requested to dismiss the application.

4.

I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. After the death of deceased, the applicants have no source of income. The applicants need the amount for their daily expenses. The ground raised by the appellantCorporation can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

The applicants are permitted to withdraw 50% amount along with accrued interest therein, out of the deposited amount, on furnishing usual undertaking.

The application is disposed of.

(SHIVKUMAR DIGE, J.) 2/2