Mr. Jijaba Gajiram Shinde And ORS. v. Maharashtra State Road Transport Corporation Thr. Divisional Controller, Nashik
S.S.Kilaje 920-IA-11083-25-withdrawl.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11083 OF 2025 IN FIRST APPEAL(ST) NO. 21419 OF 2024 Jijaba Gajiram Shinde And Ors.
... Applicants
IN THE MATTER OF
Maharashtra State Road Transport Corporation ... Appellant
Versus
Jijaba Gajiram Shinde And Ors.
... Respondents by SONALI SATISH KILAJE Date:
2025.08.18 10:25:00 +0700 SONALI SATISH KILAJE .............
Mr. Rohit D. Gorade, Advocate for Applicants Ms. Priyesha Patel i/b. Mr. Nitesh Bhutekar, Advocate for Appellant.
CORAM
: SHIVKUMAR DIGE, J.
DATED : 14th AUGUST, 2025.
P. C. :
1.
By this application, applicants are seeking withdrawal of amount. 2.
It is the contention of learned counsel for the applicants that deceased was a sole earning member of applicants family. Applicants have dependent on the income of deceased. Applicants need the amount for daily expenses and they have no source of income. Hence, requested to allow the application.
3.
It is contention of learned counsel for the appellant- Insurance company that accident was not intentional as driver of offending bus has 1/2
S.S.Kilaje 920-IA-11083-25-withdrawl.doc lost the control and accident occurred but the Tribunal has not considered this fact and has awarded compensation on higher side, hence requested to reject the application.
4.
I have heard both the learned counsel. The deceased was the sole earning member of the applicants' family. Applicants have no source of income. Applicants need the amount for daily expenses. The grounds raised by the appellant- Insurance Company can be considered at the time of final hearing of the appeal. Hence, considering this fact, I pass following order :
ORDER
(i) The application is allowed.
(ii) The applicants are permitted to withdraw 50% amount out of deposited amount along with accrued interest thereon on out of deposited amount on furnishing usual undertaking.
5.
The Interim application is disposed of.
( SHIVKUMAR DIGE, J.) 2/2