Smt Vijaya Vishnu Patange And ORS v. Maharashtra State Road Transport Corporation (Msrtc) Mumbai Through Its General Manager

23-IA-8581-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 8581 OF 2024 IN FIRST APPEAL NO. 1846 OF 2024 Vijaya Vishnu Patange And Ors.

.... Applicants

IN THE MATTER BETWEEN

M/s. Maharashtra State Roadways Transport Corporation (MSRTC),Thr. Gen. Manager .... Appellant

Versus

Vijaya Vishnu Patange And Ors.

.... Respondents ----- Mr. Sachin Panale, for the Applicants.

Mr. D. D. Rananaware, for the Appellant/Insurance Company. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.12.02 18:35:34 +0530 DATE : 29th NOVEMBER, 2024.

P.C. :

SHANTANU SHANKARSA DHUDUM 1.

By this application, Applicants are seeking withdrawal of the amount.

2.

It is contention of learned counsel for the Applicants that the deceased was the sole earning member of Applicants' family. They have no source of income. They needs the amount for their daily expenses. Hence, requested to allow the application. 3.

It is contention of learned counsel for the Shantanu Dhudum 1/2

23-IA-8581-2024.doc Appellant/Insurance Company strongly objected to allow the application on the ground that at the time of accident, deceased was driving in high and excessive speed and in negligent manner and by overtaking other vehicles. In spite of that the Tribunal has considered only 20% negligence of the deceased and 80% of MSRTC. Hence, requested to reject the application.

4.

I have heard both learned counsel. Perused the judgment and order passed by the trial Court. The Applicants have no source of income. They need the amount for their daily expenses. The issue raised by learned counsel for Appellant/Insurance Company can be considered at the time of final hearing of the appeal. Considering these facts, I pass the following order:

ORDER

i. Application is allowed.

ii. The Applicants are permitted to withdraw 50% amount along with accrued interest therein, out of the deposited amount, on furnishing usual undertaking.

The application is disposed of.

( SHIVKUMAR DIGE, J.) Shantanu Dhudum 2/2