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Bombay High CourtCA/6443/2022disposed off

Gangubai Govind Ghodke And ORS v. The Manager, Rajkamal Transport, Secunderabad And Another

2022-06-14Hon'Ble Shri Justice S. G. Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO.6443 OF 2022 IN FIRST APPEAL STAMP NO.19890 OF 2017 GANGUBAI GOVIND GHODKE & OTHERS

VERSUS

THE MANAGER, RAJKAMAL TRANSPORT, SECUNDERABAD & ANOTHER ...

Advocate for the applicants : Mr.Apparao Yenegure Advocate for Respondent no.1 : Mr.Shoyab Shaikh Advocate for Respondent no.2 : Mr.Dhananjay Deshpande ...

CORAM : S.G.DIGE, J.

DATE : 14.06.2022 P.C. :

1] Heard the learned counsel for the applicants and respondent nos.1 and 2.

2] It is the contention of the learned counsel for the applicants that respondent no.1 has preferred an appeal challenging the judgment and order dated 9th March, 2017 passed in WCA No.25/2011 by the learned Commissioner for Employee's Compensation and Civil Judge Senior Division, Osmanabad. Respondent no.1 has deposited the

amount of Rs.12,75,262/- at the time of admission of this Appeal. Applicant no.1 is the widow and applicant nos.2 and 3 are the children of deceased Govind. Applicant no.4 is the father of deceased Govind. The deceased was employee of respondent no.1. Due to untimely death of deceased Govind, the applicants became helpless and put to hardship. The applicants are poor and they were dependent on the income of Govind. They are facing financial crisis for day to day activities. They need amount for education of applicant nos.2 and 3 and for medical treatment of applicant no.4. Hence, requested to allow the present application. 3] The learned counsel for respondent no.1 submits that respondent no.1 has preferred an appeal against the order. Respondent no.1 has chances to succeed in the appeal. Hence, objected to allow the present application.

4] Considering the submissions of the learned counsel for the applicants and respondents, I pass the following order :

ORDER

i] This Civil Application is allowed. The applicants are permitted to withdraw 50% amount out of the deposited amount.

ii] Accordingly, Civil Application is disposed of. [S.G.DIGE] JUDGE DDC