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Bombay High CourtIA/10999/2025disposed off

Kum. Prem Jaykumar Patil (Minor) v. Brihan Mumbai Mahanagar Palika Through The General Manager

2025-08-12Hon'Ble Shri Justice Shivkumar Dige2 pages

910-IA-10999-2025 IN FA-1337-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10999 OF 2025 IN FIRST APPEAL NO. 1337 OF 2017 Kum.Prem Jaykumar Patil (Minor) .... Applicant V/s.

Brihan Mumbai Mahanagar Palika, Thr.

The General Manager .... Respondent by NILAM SANTOSH KAMBLE Date:

2025.08.13 12:03:18 +0530 NILAM SANTOSH KAMBLE ---- Ms.Varsha Chavan, for the Applicant.

Ms.Karishma Jhaveri i/b Navdeep Vora & Associates, for the Respondent.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 12th AUGUST 2025 P.C:- .

Heard learned counsel for the Applicant.

2.

By this Application, the Applicant is seeking withdrawal of the amount.

3.

The learned counsel for the Applicants submit that the Applicant is son of the deceased. Earlier this Court has permitted to withdraw the amount to other Claimants i.e. parents and widow of the deceased. At that time, the Applicant was minor. Hence, Applicant could not file the Application for withdrawal. Now the Applicant is N.S. Kamble page 1 of 2

910-IA-10999-2025 IN FA-1337-2017.doc major, he needs the amount for education requested to allow the Application.

4.

The learned counsel for the Respondent-Corporation has objected to allow the Application on the ground that accident occurred 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.

5.

I have heard both the learned counsel.

6.

The deceased was only earning member of the family, the Applicant needs the amount for his education. 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 Rs.5,00,000/- amount from deposited amount along with accrued interest thereon on furnishing undertaking. (SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2