Nasir Shaha Sabir Shaha v. Maharashtra State Road Transport Corporation Through The Divisional Manager
57-WITHDRAWAL-IA-9048-25 INFA-737-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9048 OF 2025 IN FIRST APPEAL NO.737 OF 2023 Nasir Shaha Sabir Shah .... Applicant V/s.
NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2025.06.27 17:08:25 +0530 Maharashtra State Road Transport Corporation, Thr. The Divisional Manager .... Respondent ---- Mr.Pritesh K. Bohade, for the Applicant.
Mr.Ansari Faiyaz Ahmad i/b Mr.Amit Gharte, for the Respondent.
---- CORAM : SHIVKUMAR DIGE, J.
DATE : 26th JUNE 2025 P.C:- .
Heard learned counsel for the Applicant and learned counsel for the Respondent.
2.
By this Application, the Applicant is seeking withdrawal of the amount.
3.
It is contention of the learned counsel for the Applicants submit that due to accidental injuries the Claimants has suffered 29% functional disability. The Tribunal has considered 15%. The learned counsel further submitted that, the N.S. Kamble page 1 of 2
57-WITHDRAWAL-IA-9048-25 INFA-737-23.doc Applicant is unable to do any work. He has no source of income. He needs amount for daily and medical expenses. Hence, requested to allow the Application.
4.
The learned counsel for the Respondent has objected to allow the Application on the ground that, the accident occurred due to negligence of the Applicant. The Tribunal has awarded compensation on higher side. Hence, requested to dismiss the Application.
5.
I have heard both the learned counsel.
6.
The Applicant has suffered 29% functional disability. He needs amount for daily and medical expenses. He has 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 30% amount along with accrued interest thereon on furnishing undertaking.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2