Chhaya Jaywantrao Nalawade And Others. v. Maharashtra State Road Transport Corporation Ltd. Mumbai Thr. The Secretary

28-IA-11350-2025 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11350 OF 2025 IN FIRST APPEAL(ST) NO. 34934 OF 2024 Chhaya Jaywantrao Nalawade And Others.

...Applicants

IN THE MATTER BETWEEN :

Maharashtra State Road Transport Corporation Ltd. Mumbai Through the Secretary ...Appellant

Versus

Chhaya Jaywantrao Nalawade And Others.

...Respondents

Mr. Sarthak Diwan, Advocate for the Applicant Mr. D.D. Ranaware a/w Mr. Shubham S. Dhoble, Advocate for the Respondent - MSRTC.

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

9th DECEMBER, 2025.

P.C.

1.

Heard learned counsel for the applicants and learned counsel for Appellant- Corporation.

2.

Learned counsel for the applicants submitted that the deceased was the Karta of the applicants' family, he was the only earning member of the applicants' family. Due to tragic death of the deceased, the applicants suffered irreparable, financial and Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.11 10:57:59 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali

28-IA-11350-2025 (C).DOC psychological loss. The applicants needs the amount for their daily expenses. Hence, requested to allow the application. 3.

Learned counsel for Appellant - Corporation objected to allow the application on the ground that the accident occurred due to negligence of the deceased. The tribunal has considered the income of the deceased on higher side. Hence, requested to reject the application.

4.

I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants need the amount for their daily expenses. The applicants have no source of income. The grounds raised by the appellant- Corporation can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

The applicants are permitted to withdraw 50% amount along with accrued interest thereon out of the deposited amount on furnishing usual undertaking.

3.

The application is disposed off.

(SHIVKUMAR DIGE, J.) Sajakali