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Bombay High CourtCA/194/2020admittedallowedgrantedrule absolute

Swapnil Kashinath Dabhade v. Namdevrao Bhagwandas Kshirsagar (Died) Thr Lrs Laxmibai And ORS

2022-08-29Hon'Ble Shri Justice S. G. Dige2 pages

61- C. A. No. 194-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 CIVIL APPLICATION NO.194 OF 2020 IN FAST/27027/2014 SWAPNIL KASHINATH DABHADE

VERSUS

NAMDEVRAO BHAGWANDAS KSHIRSAGAR (DIED) THR LRS LAXMIBAI AND ORS ...

Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar Advocate for Respondent No.2 : Mr. A. S. Usmanpurkar ...

CORAM : S. G. DIGE, J.

DATE : 29.08.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for the respondents.

2.

Learned counsel for the applicant submits that, respondent No.2 has preferred appeal against the judgment and award passed by the Member Motor Accident Claims Tribunal, Shrirampur. The entire amount is deposited before this Court. The applicants are facing dire stray because of paucity of funds. The applicant got injured in the said accident. He needs amount for his education purpose. Hence requested to allow the application.

61- C. A. No. 194-2020.odt 3.

I have heard both the learned counsel. Applicant got injured in the alleged accident. He is taking education. He requires amount for his education. Hence the application is allowed. Applicant is permitted to withdraw 50% amount along with accrued interest thereon out of deposited amount by respondent No.2 on furnishing undertaking.

( S.G. DIGE,) JUDGE ysk