Smt. Mangala Sanjay Thakur And ORS. v. Shri. Deepak Amrut Valvi And ANR.

33-1-IA-9208-24 IN FAST-12794-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9208 OF 2024 IN FIRST APPEAL (ST) NO.12794 OF 2019 Smt.Mangala Sanjay Thakuar & Ors.

.... Applicants V/s.

by NILAM SANTOSH KAMBLE Date:

2024.11.29 10:09:11 +0530 NILAM SANTOSH KAMBLE Shri.Deepak Amrut Valvi & Anr.

.... Respondents ---- Ms.Harshada Manohar Rane, for the Appellant and for the Applicant in CAF No.115 of 2024 and CAF No.87 of 2022. Mr.Vilas Ramchandra More, for Respondent Nos.1 to 4. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 27th NOVEMBER 2024 P.C:- .

Heard learned counsel for the Applicants.

2.

The learned counsel for the Applicants submit that, the deceased was sole earning member of Applicant's family. The Applicants needs the amount for their daily expenses. They have no source of income. Hence, requested to allow the Application. 3.

The learned counsel for the Respondent has objected to allow the Application on the ground that the accident occurred due to sole negligence of the deceased, three persons were riding N.S. Kamble page 1 of 2

33-1-IA-9208-24 IN FAST-12794-19.doc on the motorcycle in spite of that, the Tribunal has fixed 30% liability on the Appellant, which is erroneous. Hence, requested to dismiss the Application.

4.

I have heard both the learned counsel.

5.

The deceased was only earning member of the family, the Applicant's needs the amount for their daily expenses. They have no source of income. The issue raised by the Respondent can be considered at the time of the final hearing. Hence, I pass following order.

ORDER

(i) The Application is allowed.

(ii) The Applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2