Pravin Arvind Bansode And ANR v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2024:BHC-AUG:21998 {1} ca3830-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3830 OF 2024 IN FIRST APPEAL NO.754 OF 2019 Gajarabai Chandarrao Bansode (Died) LRs & Ors APPLICANTS

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Estling S. Murge, Advocate for the applicants Mr. R. D. Raut, AGP for respondent - State .......

WITH CIVIL APPLICATION NO. 10228 OF 2024 IN FIRST APPEAL NO. 754 OF 2019 Pravin Arvind Bansode and Another APPLICANTS

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Apparao P. Yenegure, Advocate for the applicants Mr. R. D. Raut, AGP for respondent - State [CORAM : NITIN B. SURYAWANSHI, J.] DATE : 20 th SEPTEMBER, 2024 ORDER :

1.

Office has raised objection in Civil Application No. 3830 of 2024 that statement of legal guardian of applicant No. 1 (a) (ii) is not made. It appears that this applicant has become major

{2} ca3830-24.doc and, therefore, no such statement is necessary. 2.

Heard.

3.

Learned AGP has opposed the applications for withdrawal of amount of compensation stating that the Reference Court has enhanced the compensation for more than 10 times. 4.

Learned advocates for the applicants - claimants, on the other hand, submit that they have produced sufficient evidence on record to justify enhancement.

5.

For the reasons stated in the applications, the applications are allowed. The applicants are permitted withdraw 50% amount of compensation by furnishing undertaking to the satisfaction of the Registrar (Judicial)) and 50% of the amount of compensation by furnishing surety / security to the satisfaction of Registrar (Judicial).

[NITIN B. SURYAWANSHI] JUDGE drp/ca3830-24.doc