Shri Pawan Rajendra Kapade And Others v. Krishna Shashikant Chapekar

2026:BHC-AUG:1161 9 CA NO. 14076 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 14076 OF 2025 IN FA/2785/2025 Shri Pawan Rajendra Kapade And Others

VERSUS

Krishna Shashikant Chapekar ...

Mr. Aniket V. Walwale h/for Ms. Mangal Vasantrao Manal, Advocate for Applicant Mr. A. S. Usmanpurkar, Advocate for Respondent No.3 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 12.01.2026 PER COURT :- 1.

Heard the learned counsel for the respective parties. 2.

Learned counsel for the appellants opposed the application contending that the deceased was unmarried. The deductions towards his personal expenses should be half of the notional income. However, the learned tribunal deducted 1/4th income towards his personal and living expenses which is contrary to the law.

3.

Considering the grounds raised in the application, the application deserves to be partly allowed. Hence, the order:

(( 2 )) 9 CA NO. 14076 OF 2025 ::ORDER::

a) Application is allowed.

b) The applicants are allowed to withdraw 50% of the amount deposited in this Court with proportionate interest on undertaking with supporting affidavit that they would re-deposit money in this Court, if the impugned judgment and award is reversed. [ SANJAY A. DESHMUKH, J. ] HRJadhav