Krushnalal Motilal Chaudhary And ANR v. S T Mahamandal Maharashtra State Road Transport Corporation And ANR

2024:BHC-AUG:2942 905-ca-307-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 307 OF 2024 IN FA/106/2023 Krushnalal Motilal Chaudhary And Anr

VERSUS

S T Mahamandal Maharashtra State Road Transport Corporation And Anr ...

Advocate for Applicant : Mr. Shah Mohit S.

Advocate for Respondent No.1 : Mr. Manoj Dharmraj Shinde ...

CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 09, 2024 PER COURT:- 1.

Heard the respective counsels.

2.

Learned counsel for the appellants submits that the Tribunal has incorrectly held the father as dependent of the deceased. The father is not entitled to claim the compensation on the ground of dependency. At the most, only the mother is entitled. Hence, the prayer for mother should be allowed.

3.

Considering the facts and circumstances of the case, the following order is passed :

ORDER

(I) The application is partly allowed.

(II) Applicant no.2 is allowed to withdraw Rs.40 lakh from the amount deposited in the Court.

(III) Out of Rs.40 lakh, Rs.30 lakh be deposited in fixed deposit in her name with a right to accrue the interest on quarterly rest for five years.

905-ca-307-2024.odt (2) (IV) Balance amount be deposited in fixed deposit as per rules. (S.G. MEHARE, J.) Mujaheed//