Anand Changan Omabase v. Maharashtra State Road Transport Corporation

RAMESHWAR LAXMAN DILWALE 17-IA-6811-24 IN FAST-28958-23.doc Rameshwar Dilwale RAMESHWAR LAXMAN DILWALE Date: 2024.05.08 14:30:23 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6811 OF 2024 IN FIRST APPEAL (ST) NO.28958 OF 2023 Anand Changan Omabase ...Applicant

IN THE MATTER BETWEEN

Maharashtra State Road Transport Corporation ..Appellant Vs.

Anand Changan Omabase & Anr.

.. Respondents ...

Mr. Aniket Nangare i/by Mr. Nitesh Bhutekar, Advocates for the Appellant. Ms. Manisha Devkar a/w Ms. Siddhi Patil, Mr. Shankar Katkar, Advocates for the Applicant/Respondents.

...

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 7th MAY 2024.

P.C. :

1.

By this application, the claimant seeks leave to withdraw the amount of compensation deposited by the original appellant. We have perused the judgment of the Motor Accident Claims Tribunal and we have heard the learned counsel for the parties. Prima facie, considering the nature of injuries suffered by the claimant coupled with the deposition of the Doctor-PW2, we are inclined to permit the claimant to withdraw an amount of Rs. 25,00,000/- subject to outcome of the first appeal. The claimant shall file an undertaking in this Court within a period of eight 1/2

17-IA-6811-24 IN FAST-28958-23.doc Rameshwar Dilwale weeks from today stating therein that if the award passed by the Motor Accident Claims Tribunal is set aside or the amount of compensation is reduced below Rs. 25,00,000/- he shall deposit the requisite amount in this Court as and when directed by the Court. 2.

The Interim application is disposed of in aforesaid terms. [ JITENDRA JAIN, J] [A.S. CHANDURKAR, J. ] 2/2