Ashvini Raju Lahane And Others vs Sharda Construction And Pvt Ltd Through ...
2024 Latest Caselaw 23838 Bom

Bombay High Court

Ashvini Raju Lahane And Others vs Sharda Construction And Pvt Ltd Through ... on 13 August, 2024

2024:BHC-AUG:18635



                                                   1
                                                                          8275.24WP

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               907 WRIT PETITION NO. 8275 OF 2024
                           ASHVINI RAJU LAHANE AND OTHERS
                                        VERSUS
                      SHARDA CONSTRUCTION AND PVT LTD THROUGH
                         TIS PROP SUMMER MORGE AND ANOTHER
                                                   ...
                              Advocate for the petitioners : Mr.V.D.Patnurkar
                                                      ...
                                               CORAM : ARUN R. PEDNEKER, J.

                                              DATE       : 13.08.2024

                     P.C. :

                     1]           By the present petition, the petitioners are

challenging the impugned judgment and order dated

02.05.2024 passed by the Motor Accident Claims Tribunal,

Nanded below Exh.6 in MACP No.273/2019.

2] On 20.07.2019, the petitioners have filed Claim

Petition before the Motor Accidents Claim Tribunal and the

Tribunal, by order dated 05.03.2024 directed that an

amount of Rs.7,15,000/- along with interest be deposited in

the name of the claimant no.1. Thereafter, on 01.04.2024,

the petitioners filed an application before the Tribunal,

seeking permission to withdraw the amount of

8275.24WP

Rs.5,00,000/-, which is kept in Fixed Deposit, by relaxing

and modifying the award dated 05.03.2024. In the said

application, the petitioners stated that in-laws of the

claimant no.1 were suffering from ill health and lateron

died. The claimant no.1 has incurred expenses for their

medical treatment and for their livelihood. For that

purpose, the claimant no.1 had taken hand loan from her

relatives on higher interest. The claimant no.1 further

submits that she needs money for better education of her

minor children. The claimant no.1 further stated in the said

application that the claimant no.1 needs money for repair of

her old house. Thereafter, by order dated 02.05.2024, the

Tribunal has rejected the said application on the ground

that the claimant no.1 has not produced on record any

documents such as how much amount she had taken from

which relatives and claimant no.1 has not produced on

record medical documents and the documents to show that

the said house requires any repairing.

8275.24WP

3] The learned counsel for the petitioners submits

that the petitioner no.1-claimant no.1 has incurred expenses

for their medical treatment and for their livelihood and for

that purpose, the claimant no.1 had taken hand loan from

her relatives. Considering the said facts, the learned counsel

for the petitioner submits that the petitioner no.1 - claimant

no.1 may be permitted to withdraw the amount of

Rs.5,00,000/-.

4] Considering totality of the facts and

circumstances, the petitioner no.1 - claimant no.1 is

permitted to withdraw Rs.5,00,000/- along with interest

accrued thereon, out of the amount of Rs.7,15,000/-, which

are directed to be paid to the claimant no.1 along with

accrued interest thereon. There would be no change in the

other parts of the impugned order.

5] In view of the above, the present Writ Petition is

disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC