Sunita Vijay Kanade And ORS v. Maharashtra State Road Transport Corporation And ANR

2024:BHC-AUG:8017 13-CA-1719-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1719 OF 2024 IN FA/4264/2023 SUNITA VIJAY KANADE AND OTHERS

VERSUS

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AND ANOTHER ...

Advocate for Applicant : Mr. N. C. Garud Advocate for Respondent No.1 : Mr. B. S. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent No.1/appellant.

2.

It is a case of vehicular accident. An appeal has been preferred. Considering the facts and issue involved in the appeal, the application deserves to be partly allowed. Hence, the order;

ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw 75% amount deposited with this Court, with accrued interest, on the condition that they would deposit the amount, if the impugned judgment and award is reversed. The amount be apportioned equally with proportionate interest. Applicant No.2 should furnish an undertaking for minor/applicant No.4. iii) The share of minor/applicant No.4 be invested under the fixed deposit receipt in any Nationalized Bank of the choice of applicant No.2, with rights to receive accrued interest, till his attaining majority.

iv) Remaining 25% amount be invested in fixed deposit receipt, as per rules.

( S. G. MEHARE, J. ) rrd