Shilabai Arun Khairnar And ORS. v. Maharashtra State Road Transport Corporation, Through Divisional Controller

RAMESHWAR L DILWALE 5.ia.14297.23 in fast.9488.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14297 OF 2023 IN FIRST APPEAL (ST) NO. 9488 OF 2023 Shilabai Arun Khairnar & Ors.

...Applicants

Versus

Divisional Controller, Maharashtra State Road Transport Corporation Ltd.

...Respondents

....

Mr. Manjeet Lotankar i/b Mr. Dhananjay Rananaware, Advocate for the Applicant.

Mr. Pritesh Bohade, Advocate for Respondents. ...

CORAM : SMT. ANUJA PRABHUDESSAI ,J.

DATED : 1ST SEPTEMBER, 2023.

P.C 1.

The Applicants who are the claimants have sought withdrawal of the compensation deposited by the Applicants MSRTC. The Applicant No.1 is widow, whereas the Applicant Nos. 2 and 3 are the children of the deceased Arun Khairnar. 2.

Considering the reasons stated in the Application as well as grounds raised in the appeal memo, the Applicant No.1 is allowed

RAMESHWAR L DILWALE 5.ia.14297.23 in fast.9488.23.doc to withdraw 20% of compensation with proportionate interest accrued thereon. Applicant no.2 is allowed to withdraw 15% with proportionate interest accrued thereon. Since the Applicant no. 3 is a minor 15% of the compensation with proportionate interest accrued thereon be invested in the fixed deposit in any Nationalized Bank for a period of six years. Suffice it to say that the withdrawal is subject to filing an undertaking that the amount with interest shall be refunded, in the event the Appellant succeeds in the appeal.

3.

Application stands disposed.

(SMT. ANUJA PRABHUDESSAI, J.)