Yashoda Pandurang Patil And ORS v. Gokul Tanaji Bhavar And Others

C.A. No.11520/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11520 OF 2021 IN FIRST APPEAL NO.690 OF 2021 Smt. Yashoda w/o Pandurang Patil and others ... APPLICANTS

VERSUS

Gokul s/o Tanaji Bhavar and others ... RESPONDENTS .......

Ms Savita P. Kakade, Advocate for applicants Mr. M.R. Deshmukh, Advocate for respondent No.3. .......

CORAM :

R. G. AVACHAT, J.

DATE :

21st OCTOBER, 2021 PER COURT :

Heard. Perused the impugned award. The cause of death has been questioned. It has also been submitted that, except the deceased, none of the passengers in the illfated bus did receive any injury. The post mortem report gives cause of death as "aspiration of food material and fluid". 2.

The fact is, however, that, the deceased died in the bus itself soon after it met with the accident. It may be a case of composite negligence of drivers of both the vehicles involved in the accident. The said issue needs to be gone into

C.A. No.11520/2021 :: 2 ::

in this appeal. The deceased was a third party. In the fitness of things, the applicants are permitted to withdraw 60% of the amount deposited as against undertaking to be submitted to the satisfaction of the Registrar (Judicial) of this Court. Civil Application stands disposed of.

( R. G. AVACHAT ) JUDGE fmp/-