Santa Rangnath Mahadik And ORS v. Krishna Shashikant Chhapekar And ORS

909ca3377.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 3377 OF 2024 IN FA/80/2024 SANTA RANGNATH MAHADIK AND ORS

VERSUS

KRISHNA SHASHIKANT CHHAPEKAR AND ORS ...

Advocate for Applicants : Mr. Mangal R. Chavan Manal Advocate for Respondent No.3 : Mr. A.S. Usmanpurkar ...

CORAM : S. G. MEHARE, J.

DATE : 07th MAY, 2024.

PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

Learned Counsel for the appellants opposed the application contending that the deceased was unmarried. The deductions towards his personal expenses should be half of the notional income. However, the learned tribunal deducted 1/4th income towards his personal and living expenses which is contrary to the law.

909ca3377.24 3.

Considering the grounds raised in the application, the application deserves to be partly allowed. Hence the order :

ORDER

a) Application is allowed.

b) The applicants are allowed to withdraw 50% of the amount deposited in this Court with proportionate interest on undertaking that they would re-deposit money in this Court, if the impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE mahajansb/