Sonali Vishal Khanvilkar And ORS. v. Maharashtra State Road Transport Corporation

53-1-IA-14513-24 IN FAST-30936-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14513 OF 2024 IN FIRST APPEAL (ST) NO.30936 OF 2023 Sonali Vishal Khanvilkar & Ors.

.... Applicants V/s.

Maharashtra State Road Transport Corporation, Thr. Its Divisional Manager .... Respondent by NILAM SANTOSH KAMBLE Date:

2025.01.31 15:08:42 +0530 NILAM SANTOSH KAMBLE ---- Mr.Navin C. Sheth, for the Applicant in IA No.14513 of 2024 and for Respondent Nos.1 to 4 in FAST.

Mr.Prathamesh Mandlik i/b Mr.Nitesh Bhutekar, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 30th JANUARY 2025 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 N.S. Kamble page 1 of 2

53-1-IA-14513-24 IN FAST-30936-23.doc due to sole negligence of the deceased, the Tribunal has considered monthly income of the deceased on higher side. 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 40% amount along with accrued interest thereon on furnishing undertaking.

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