Bombay High CourtCA/13620/2024admittedallowedgrantedrule absolute

Rahul Rajendra Maharnur v. Manoj Rajendra Gore And ORS

2024-12-17Hon'Ble Shri Justice Kishore C. Sant1 pages

2024:BHC-AUG:30351 ( 1 ) ca13620.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 13620 OF 2024 IN FA/1928/2024 RAHUL RAJENDRA MAHARNUR

VERSUS

MANOJ RAJENDRA GORE AND ORS Mr.Shaikh M.A. Jahagirdar, Advocate for the applicant. Mr.S.B. Bodade, Advocate for respondent No.2.

CORAM

: KISHORE C. SANT, J.

DATE : 17.12.2024 PC :- 01.

Heard parties. The main ground taken in the appeal is of contributory negligence. The motorcycle on which the injured was riding gave dash to a tractor from the front side and the second ground is that there is no functional disability caused to the applicant. Considering this, following order.

(i) The application is partly allowed.

(ii) The applicant is permitted to withdraw 50% of the amount deposited in this Court with accrued interest on furnishing usual undertaking.

(ii) Remaining amount shall be deposited in fixed deposit of any nationalized bank to be renewed periodically till disposal of the appeal.

[KISHORE C. SANT, J.] snk/2024/dec24/ca13620.24