Arjun Yuvraj Gajare v. M.S.R.T.C., Thr Its Div. Controller, Msrtc, Jalgaon

5708.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 964 CIVIL APPLICATION NO.5708 OF 2022 IN FIRST APPEAL NO.118 OF 2022 ARJUN YUVRAJ GAJARE

VERSUS

M.S.R.T.C., THR ITS DIV. CONTROLLER, MSRTC, JALGAON ...

Advocate for Applicant : Mr.M.M.Bhokarikar Advocate for Respondent : Mr.S.S.Rathi ...

CORAM : S.G.DIGE, J.

DATE : 30.08.2022 P.C. :

1] Heard the learned counsel for the applicant and the learned counsel for the respondent.

2] The learned counsel for the applicant submits that the applicant has suffered 25% injury in the accident. Due to the said injury, the applicant is unable to do any work and he is facing difficulty in his daily life, hence, he requires the amount for his daily expenses. Hence, requested to allow the application.

3] The learned counsel for the respondent submits that the Tribunal has considered the income of the applicant on higher side and awarded the amount. The applicant has

5708.22CA not proved his disability by proper evidence, hence, requested to dismiss the application.

4] I have heard both learned counsel. The applicant has suffered 25% disability in the alleged accident. The Tribunal has awarded compensation to the applicant on that basis. The applicant needs the amount for his daily expenses, hence, I pass the following order :-

ORDER

i] The application is allowed.

ii] The applicant is permitted to withdraw 50% amount along with accrued interest thereon out of the deposited amount by the respondent on furnishing undertaking.

iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC