Sharada Atul Gite And ORS. v. The Divisional Manager, Maharashtra State Road Transport Corporation, Satara

90-IA-1624-2024 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1624 OF 2024 IN FIRST APPEAL NO. 1494 OF 2024 HARISH VITHAL CHAUDHARI Sharada Atul Gite And Ors.

...Applicants In the matter between The Divisional Manager, Maharashtra State Road Transport Corporation, Satara ...Appellant Respondent

Versus

Sharada Atul Gite And Ors.

...Respondent

Applicants.

.....

Mr. Santosh D. Bhosale for the Applicants.

by HARISH VITHAL CHAUDHARI Date:

2025.12.05 18:18:08 +0530 Mr. Prathamesh Mandlik for the Appellant-Respondent. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

4th DECEMBER, 2025 P.C.

1.

By this application, the applicants are seeking withdrawal of the compensation amount deposited by the original-appellant. 2.

Learned counsel for the applicants submit that the deceased was the sole earning member of their family. The -original-appellant has deposited the amount before MACT Satara. The applicants needs the compensation amount for their daily expenses, hence, requested to allow the application.

Harish

90-IA-1624-2024 (C).DOC 3.

Learned counsel for the original-appellant strongly objected to allow the application on the ground that the accident was occurred due to sole negligence of the deceased. This fact is not considered by the Tribunal. The appeal is pending. Hence, requested to reject the application.

4.

I have heard all the learned counsel. Perused the judgment and order passed by the Tribunal.

5.

The deceased was the sole earning member of the applicants family. Applicants needs the compensation amount for their daily expenses. The objection raised by the learned counsel for the originalappellant is considered at the time of hearing of the appeal. In view of the above, I pass following order.

ORDER

I.

Application is allowed.

II.

The applicants are permitted to withdraw 50% amount out of the total compensation amount deposited by the original-appellant along with accrued interest there on by filing usual undertaking.

6.

The interim application is disposed of.

(SHIVKUMAR DIGE, J.) Harish