Smt Shevanta Gangaram Pawara And Others vs Maharashtra State Roadt Ransportation ...
2024 Latest Caselaw 2434 Bom

Bombay High Court

Smt Shevanta Gangaram Pawara And Others vs Maharashtra State Roadt Ransportation ... on 25 January, 2024

2024:BHC-AUG:2083
                                                 1                    36-CA-14782-23.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                                CIVIL APPLICATION NO. 14782 OF 2023
                                           IN FA/3911/2023

                         SMT SHEVANTA GANGARAM PAWARA AND OTHERS
                                              VERSUS
                     MAHARASHTRA STATE ROADT RANSPORTATION CORPORATION
                                           AND ANOTHER
                                                  ...
                       Advocate for Applicants : Mr. A. P. Yenegure holding for
                                                 Mr. Sarang P. Joshi
                        Advocate for Respondent No.1 : Mr. Manoj D. Shinde
                                                  ...

                                                     CORAM : S. G. MEHARE, J.

                                                     DATE    : 25-01-2024

                PER COURT :-

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

counsel for respondent No.1/appellant.

2. The learned counsel for respondent No.1/appellant opposed

the application contending that the driver of the vehicle allegedly

involved in the accident was not negligent. The evidence of

negligence has not been correctly appreciated. The learned

Tribunal has incorrectly held the appellant liable to pay the

compensation. Hence, the applicants are not entitled to withdraw

the money.

2 36-CA-14782-23.odt

3. Learned counsel for the applicants/original claimants submits

that there was evidence against the driver. The vehicle owned by

the appellant caused accident due to his negligence. Since the

deceased lost life in accident, his wife and minor children lost their

income source. Hence, they may be allowed to withdraw the

amount.

4. Considering the facts of the case, the application deserves to

be partly allowed. Hence, the order;

i) The application is partly allowed.

ii) The applicants/wife and minor children of the deceased are

permitted to withdraw the amount of their share with

accrued interest as per the apportionment done in the

amount awarded.

iii) The natural guardian mother should furnish an undertaking

for and on behalf of minor children and herself that they will

deposit the amount, if the judgment and award impugned

before this Court is reversed.

( S. G. MEHARE ) JUDGE

rrd

Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 20:33:12