Yahya Kamrudin Anware And Anr vs Shrawan Dattatray More And Anr
2021 Latest Caselaw 11698 Bom

                  Digitally signed
      IRESH       by IRESH
                  SIDDHARAM
      SIDDHARAM   MASHAL
      MASHAL      Date: 2021.08.26
                  16:17:00 +0530
                                                                        42.12091.21 iast.doc

ISM
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                              INTERIM APPLICATION ST NO. 12091 OF 2021
                                          [NOT ON BOARD]

       YAHYA KAMRUDIN ANWARE AND ANR                                   ....APPLICANTS

                  V/S.

       SHRAWAN DATTATRAY MORE AND ANR                                  ....RESPONDENTS


       Mr. Benimadhav H. Goswami for applicants
       Ms. Aayodhya Patki a/w Mr. Nitesh Bhutekar a/w Mr. Digviay Patil
       for respondent no. 2

                                     CORAM :    NITIN W. SAMBRE, J.

                                     DATE:      AUGUST 24, 2021.

       P.C.:

       1]         This is an application by the claimant for withdrawal of the

       amount.




       2]         As the appeal of the State Road Transport Corporation is

already admitted, counsel for Transport Corporation would oppose

the aforesaid prayer of the withdrawal on the grounds:

(a) that the victim was not holding a driving a

42.12091.21 iast.doc

licence and;

(b) victim was driving his vehicle negligently.

3] In the judgment impugned, no fndings on the issue of

negligence are recorded. It is for the appellant-State Road

Transportation to establish the issue of negligence, which can be

gone into at the stage of fnal hearing of the matter.

4] Keeping the appellant's rights reserved to the aforesaid extent,

claimant is permitted to withdraw 50% of the amount of

compensation awarded with accrued interest subject to an

undertaking that in case if the appeal is allowed, said amount shall

be deposited with interest @ 6% within period of 12 weeks from

pronouncement of the judgment.

5] Application stands disposed of in the above terms.

[NITIN W. SAMBRE, J.]