Shobha Gangadhar Keskar And ORS. v. Maharashtra State Road Transport Corporation Thr. Its Divisional Controller

Shubhada S Kadam 61-IA-9166-2025 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9166 of 2025 in FIRST APPEAL STAMP NO. 1674 of 2025 Shobha Gangadhar Keskar and ors.

... Applicants In the matter of Maharashtra State Road Transport Corporation through its Divisional Controller .... Appellant

Versus

Shobha Gangadhar Keskar and ors.

... Respondents Mr. P. K. Bohade, Advocate for the Applicants. Mr. Manjeet Lotankar i/b. Mr. D. D. Rananaware, Advocate for the Appellant-Corporation.

CORAM : SHIVKUMAR DIGE, J.

DATE : 13th AUGUST, 2025.

PC :

1.

Heard learned counsel for the applicants and learned counsel for appellant-Corporation.

2.

By this application, the applicants are seeking withdrawal of the amount. Learned counsel for the applicants submitted that the deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. SHUBHADA SHANKAR KADAM Hence, requested to allow the application.

3.

Learned counsel for appellant - Corporation strongly objected SHUBHADA SHANKAR KADAM Date: 2025.08.14 17:19:54 +0530 to allow the application on the ground that the accident occurred due to 1/2

Shubhada S Kadam 61-IA-9166-2025 (C).doc contributory negligence of the deceased and compensation is awarded on higher side but this fact is not considered by the Tribunal. Hence, requested to reject the application.

4.

I have heard both learned counsel. The deceased was the sole earning member of the applicants' family. The applicants have no source of income, they need the amount for their daily expenses. The grounds raised by the appellant-Corporaton can be considered at the time of final hearing of the appeal. Hence, I pass the following order :

O R D E R

1.

The application is allowed.

2.

The applicants are permitted to withdraw 40% of the deposited amount along with the accrued interest thereon, subject to furnishing the usual undertaking.

Accordingly, the application stands disposed of. (SHIVKUMAR DIGE, J.) 2/2