Sajan Vishnu Jorvekar vs Vikrant Rajendra Zavare And Anr
2024 Latest Caselaw 2429 Bom

Bombay High Court

Sajan Vishnu Jorvekar vs Vikrant Rajendra Zavare And Anr on 25 January, 2024

2024:BHC-AUG:2045
                                                   1                    22-CA-3417-23.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                              CIVIL APPLICATION NO. 3417 OF 2023
                                         IN FA/1807/2020

                                    SAJAN VISHNU JORVEKAR
                                            VERSUS
                            VIKRANT RAJENDRA ZAVARE AND ANOTHER
                                              ...
                                             WITH
                      CIVIL APPLICATION NO. 3416 OF 2023 IN FA/1798/2020

                           LATABAI CHANGDEO PATOLE AND OTHERS
                                            VERSUS
                           VIKRANT RAJENDRA ZAVARE AND ANOTHER
                                               ...
                          Advocate for Applicants : Mr. Rajendra L. Kute
                                               ...

                                                       CORAM : S. G. MEHARE, J.

                                                       DATE    : 25-01-2024

                PER COURT :-

1. Heard the learned counsel for the applicants. None present

for the appellant/respondent No.1.

2. The appellant has deposited 50% of the amount of

compensation as per order of this Court. The applicants were the

claimants before the learned Tribunal. One was the death and

another was the injury claim. Prima facie, the appellant was held

liable to pay the compensation .

3. Perused the impugned judgment and award.

2 22-CA-3417-23.odt

4. It appears that the present applicants had put up the similar

case before the Tribunal. Considering the defence, the Tribunal

has passed the award. The offending vehicle was not insured. In

view of the matter, the following order is passed;

i) Both applications are allowed.

ii) The applicant in CA/3417/2023 and applicants No.1, 3, 4 and

6 in CA/3416 of 2020 are permitted to withdraw the amount

of compensation deposited in this Court on furnishing an

undertaking that they will deposit the amount, if the

impugned judgment and award is reversed.

iii) In Civil Application No.3416 OF 2023, applicant No.2 Anita

Changdeo Patole and applicant No.5 Bapu Khandu Patole are

dead. Their amount be retained.

( S. G. MEHARE ) JUDGE

rrd

Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 16:31:03