Archana Dhananjay Kadam And ORS v. Brijeshkumar S R Ahirwar And ORS

2024:BHC-AUG:26456 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 11798 OF 2024 IN FAST/14227/2024 ARCHANA DHANANJAY KADAM AND ORS ....Applicants

VERSUS

BRIJESHKUMAR S R AHIRWAR AND ORS .....Respondents Mr. A. G. Vasmatkar, Advocate for the applicants Mr. S. S. Rathi, Advocate for the respondent No.3 CORAM : KISHORE C. SANT, J.

DATE : 25th OCTOBER, 2024 P. C.

1.

Heard the parties.

2.

The learned advocate Mr. Rathi, submits that the learned tribunal has considered the notional income of the deceased to Rs.6000/- per month and added Rs.4000/- without any proof. Out of said amount of Rs.10,000/- personal deduction are not taken into consideration. He submits that at the most amount would come to Rs.4,800/- per month. With

(2) that calculation amount of compensation would come to Rs.8,06,000/- plus only amount towards consortium, loss of estate can be given. He thus opposed the application. 3.

It is submitted that with interest now the amount deposited is Rs.26,84,350/-.

3.

However, considering this aspect following order:

ORDER

a] The applicants are allowed to withdraw the amount of Rs.15 lakhs out of the amount deposited in the office of this court on furnishing usual undertaking.

b] Remaining amount be fixed in any nationalized bank pending the appeal.

c] The applicants to get the amount in equal proportion.

(3) d] The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/912ca11798.24