Sajan Vishnu Jorvekar v. Vikrant Rajendra Zavare And ANR

2024:BHC-AUG:2045 22-CA-3417-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3417 OF 2023 IN FA/1807/2020 SAJAN VISHNU JORVEKAR

VERSUS

VIKRANT RAJENDRA ZAVARE AND ANOTHER ...

WITH CIVIL APPLICATION NO. 3416 OF 2023 IN FA/1798/2020 LATABAI CHANGDEO PATOLE AND OTHERS

VERSUS

VIKRANT RAJENDRA ZAVARE AND ANOTHER ...

Advocate for Applicants : Mr. Rajendra L. Kute ...

CORAM : S. G. MEHARE, J.

DATE : 25-01-2024 PER COURT :- 1.

Heard the learned counsel for the applicants. None present for the appellant/respondent No.1.

2.

The appellant has deposited 50% of the amount of compensation as per order of this Court. The applicants were the claimants before the learned Tribunal. One was the death and another was the injury claim. Prima facie, the appellant was held liable to pay the compensation .

3.

Perused the impugned judgment and award.

22-CA-3417-23.odt 4.

It appears that the present applicants had put up the similar case before the Tribunal. Considering the defence, the Tribunal has passed the award. The offending vehicle was not insured. In view of the matter, the following order is passed; i) Both applications are allowed.

ii) The applicant in CA/3417/2023 and applicants No.1, 3, 4 and 6 in CA/3416 of 2020 are permitted to withdraw the amount of compensation deposited in this Court on furnishing an undertaking that they will deposit the amount, if the impugned judgment and award is reversed.

iii) In Civil Application No.3416 OF 2023, applicant No.2 Anita Changdeo Patole and applicant No.5 Bapu Khandu Patole are dead. Their amount be retained.

( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 16:31:03