Jayashri Ashok Patil And ANR. v. Maharashtra State Road Transport Corporation, Through Its The Divisional Controller, Raigad

Gayatri Shimpi 28-FA-ST-16106-2024-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 16106 OF 2024 WITH FIRST APPEAL (ST) NO. 30000 OF 2022 Jayashri Ashok Patil & Anr.

....Applicants

Versus

Maharashtra State Road Transport Corporation, Through its The Divisional Controller, Raigad ....Respondent ----- Mr. Nitesh V. Bhutekar , Advocate for the Applicants. Mr. Sanjay Ghaisas, Advocate for the Respondent Nos. 1 &2. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 17th JUNE, 2025.

P.C. :

1.

Heard learned counsel for the Applicants.

2.

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

3.

Learned counsel for the Applicant submits that, the deceased was sole earning member of the Applicant's family. The Applicants need the amount for their daily expenses and education of daughter. Applicants have no source of income. Hence, requested to 1/2

Gayatri Shimpi 28-FA-ST-16106-2024-2022.doc allow the Application.

4.

It is contention of learned counsel for the RespondentCorporation that, the accident occurred due to negligence of the deceased. The compensation amount is awarded on a higher side. Hence, requested to reject the Application.

5.

I have heard both learned counsel.

6.

The deceased was only earning member of the family. The Applicants' need the amount for daughter's education and daily expenses. The issue raised by the Respondent can be considered at the time of 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.) by GAYATRI RAJENDRA SHIMPI Date:

2025.06.19 18:45:29 +0530 GAYATRI RAJENDRA SHIMPI 2/2