Sohel Irfan Biradar vs Ashok S/O Baba Targude And Others
2021 Latest Caselaw 8971 Bom

                                      1            974(a)-ca-5469-2021.doc



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                      CIVIL APPLICATION NO. 5469 OF 2021
                                      IN
                        FIRST APPEAL NO. 2138 OF 2020

 Sohel Irfan Biradar                                  ... Applicant
       Versus
 Ashok Baba Targude and others                        ... Respondents
                                   ....
 Mr. Fayaz K. Patel, Advocate for the applicant
 Mr. S. G. Chapalgaonkar, Advocate for respondent No.3
                                   ....

                                   CORAM : R. G. AVACHAT, J.
                                   DATED : 09th JULY, 2021

 PER COURT :-



 .                This is an application for withdrawal of the amount of

 compensation deposited in this Court.


 2.               Heard. Perused the impugned award and the related

 papers.


 3.               Learned Advocate for the appellant would submit that

 the applicant injured has been awarded compensation assuming his

 notional income at Rs.10,000/- per month. The applicant was 11 th

 standard student. On account of future prospects, 50% has been

 added to his notional income.

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 4.               Learned Member of the Tribunal, relying on the

 judgment of the Apex Court in V. Mekala Vs. M. Malathi 2014 AIR

 SCW 2973 : 2014 (4) T.A.C.5 and Reshma Kumari Vs. Madan

 Mohan's Case, 2009 AIR SCW 6999, has awarded the compensation.

 In view of the above, I am inclined to allow the applicant to

 withdraw 70% of the amount out of the deposited amount in this

 Court. Hence, following order:-


                                    ORDER

(i) The civil application is partly allowed.

(ii) The applicant is permitted to withdraw 70% of the

deposited amount on furnishing an undertaking to the

satisfaction of the Registrar (Judicial) of this Court.

(iii) Balance 30% amount be invested in fixed deposit in any

nationalised bank, till disposal of the appeal.

[ R. G. AVACHAT, J. ]

SMS

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