Rekha Raju Gaikwad And ORS v. Nilesh Dilip Palaspure And ORS

2024:BHC-AUG:9149 912-CA-3511-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3511 OF 2024 IN FA/3099/2023 REKHA RAJU GAIKWAD AND OTHERS

VERSUS

NILESH DILIP PALASPURE AND OTHERS ...

Advocate for Applicants : Mr. Gaurav L. Deshpande (through V.C.) ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants. None present for the respondent.

2.

It was a death claim. The compensation of Rs.10,72,000/- was awarded. The applicants are wife, daughter and parents of the deceased. Considering the age of the wife and daughter, it seems that the deceased was also young when died in the accident. Nobody opposed the application. Hence, the order;

ORDER

i) The application is allowed.

ii) The applicants are allowed to withdraw the entire amount deposited with this Court on undertaking that they will deposit the amount, if the impugned judgment and award is reversed.

iii) Applicant No.1 should furnish undertaking for and on behalf of applicant No.2/minor child.

912-CA-3511-24.odt iv) The amount be apportioned equally.

v) The share of respondent No.2/minor shall be invested in fixed deposit in any Nationalized Bank of the choice of applicant No.1 under her guardianship with a right to receive accrued interest at quarterly rests.

vi) List the appeal in due course.

( S. G. MEHARE ) JUDGE rrd