Smt. Mayadevi L. Sharma vs Union Of India, Represented Thr. ...
2021 Latest Caselaw 14367 Bom

                                                                   8-1-ia-2258-2021=fast-13541-2021.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 2258 OF 2021
         Digitally
         signed by
                                         (For withdrawal of amount)
         SHRADDHA
SHRADDHA KAMLESH                                     IN
KAMLESH TALEKAR
TALEKAR  Date:
         2021.10.06
                                 FIRST APPEAL (STAMP) NO. 13541 OF 2021
         18:55:57
         +0530
                      Smt. Mayadevi L. Sharma                    ... Applicant

                      IN THE MATTER BETWEEN :

                      Union of India                             ... Appellant
                            Vs.
                      Lavkush R. Sharma
                      (deceased) & Anr.                           ... Respondents
                                                        ...
                      Mr.Piyush Shah a/w. Mr. Jay Vora for applicant.
                      Mr. T.J. Pandian a/w. Mr. T.C. Subramanian for appellant.
                                                       .....
                                               CORAM       :     N.J. JAMADAR, J.
                                               DATE        :     4th October, 2021
                      PER COURT :

                      1.    Heard the learned counsel for the applicant and the learned

                      counsel for the appellant.


                      2.    This application is preferred to permit the applicant to

                      withdraw the entire amount of compensation of Rs.9,35,912/-,

                      deposited by the respondent-appellant in terms of the judgment

                      and award dated 30th April 2019 passed by the Railway Claims

                      Tribunal, Mumbai Bench, Mumbai.


                      3.    The applicant claims that the deceased was the only bread-

                      winner of the family. She has nobody to support and is residing



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with her daughter. Therefore, the applicant be permitted to

withdraw the entire amount.


4.    The learned counsel for the respondent-appellant resisted the

prayer of the applicant.


5.    It seems that the applicant lost her young son in the accident.

Her claim that she is not in a position to support the necessities of

life, appears reasonable. Having regard to the amount of

compensation, in my considered view, the applicant can be allowed

withdraw the entire amount of compensation, subject to furnishing

an undertaking to this Court to bring back the amount in the event

it is held that the applicant is not entitled to receive the

compensation.


6.    Hence, the following order :
                                ORDER

(i) The application stands allowed in terms of prayer

clause (a), subject to the applicant furnishing an undertaking

before this Court that, the applicant will bring back the

amount in the event the appeal is allowed and it is held that

the applicant is not entitled to receive the compensation.

( N.J. JAMADAR, J. )

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