Kalyan S/O Asaram Tour And Anr vs Divisional Controller, Maharashtra ...
2024 Latest Caselaw 2431 Bom

Bombay High Court

Kalyan S/O Asaram Tour And Anr vs Divisional Controller, Maharashtra ... on 25 January, 2024

  2024:BHC-AUG:2049
                                                                 1                      26-CA-9475-23.odt



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  BENCH AT AURANGABAD

                                      CIVIL APPLICATION NO. 9475 OF 2023 IN FA/3831/2022

                                (1) KALYAN S/O ASARAM TOUR (2) SAVITA W/O. KALYAN TOUR
                                                            VERSUS
                                   DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD
                                         TRANSPORT CORPORATION AND ANOTHER
                                                               ...
                              Advocate for Applicants : Mr. Saurabh Avhad h/f. Mr. P. B.Vikhe Patil
                                 Advocate for Respondent No.1 : Mr. A. B. Dhongade (Absent)
                                                               ...

                                                                     CORAM : S. G. MEHARE, J.

                                                                     DATE      : 25-01-2024
                              PER COURT :-

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

for the respondent No.1/appellant.

2. The appellant deposited the entire compensation amount

with this Court. The claimants are the parents of the deceased,

who had succumbed injuries in the vehicular accident. The

question is, whether applicant No.1 (father of deceased) is entitled

to claim compensation for the death of his son. Therefore, the

application deserves to be partly allowed. Hence, the order;

i) The application is partly allowed.

ii) Applicant No.2 Savita w/o. Kalyan Tour (mother of deceased) is permitted to withdraw 50% of the amount deposited with proportionate interest accrued on undertaking that she would deposit the amount, if the impugned judgment and award is reversed.

( S. G. MEHARE, J. ) rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 16:33:22