The Divisional Controller Maharashtra State Road Transport Corporation v. Sow Sarlabai Suresh Payghan And Others

2024:BHC-AUG:9153 909-CA-14218-23-s.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14218 OF 2023 IN FA/4493/2023 THE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

VERSUS

SOW. SARLABAI SURESH PAYGHAN AND OTHERS ...

Advocate for Applicant : Mr. Manoj D. Shinde Advocate for Respondents No.1 and 2 : Mr. S. S. Sarda holding for Mr. Mohit R. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsels for the parties.

2.

The appeal has been preferred on the ground that the deceased himself was negligent and caused the accident. He was unemployed. Therefore, incorrect notional income has been applied. The deceased was dependent on the applicants. The statutory compliance to deposit the money has been complied with. The appellant has a good case on merit. The application deserves to be allowed. Hence, the order:-

ORDER

i) The application is allowed.

ii) The order granting interim stay dated 30.11.2023 stands confirmed, till conclusion of the appeal.

( S. G. MEHARE ) JUDGE rrd