Dipali Nitesh Bhoir And ORS. v. Maharashtra State Road Transport Corporation, Mumbai

17-iv--ia 17824-22 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17824 OF 2022 IN FIRST APPEAL (ST) NO. 25811 OF 2021 Smt. Dipali Nitesh Bhoir & Ors.

..Applicant In the matter between The M.S.R.T.C.

through its Divisional Controller, Mumbai.

..Appellant vs.

Smt. Dipali Nitesh Bhoir & Ors.

..Respondents Ms. Gargi Warunjikar i/b. Nitesh Bhutekar for the Appellant -Insurance Company.

Ms. Varsha Chavan for the Applicant CORAM : ANUJA PRABHUDESSAI, J.

DATED : 7th SEPTEMBER, 2022.

P.C.

1.

By this application, the Applicants, who are the original Claimants have sought withdrawal of the compensation deposited by the Appellant Corporation as per the impugned judgment and Award passed by the Claims Tribunal, Mumbai in MACP 2201 of 2014. 2.

Having considered the reasons stated in the application and the grounds raised in the appeal memo, the Applicant No.1, widow of the deceased is permitted to withdraw 30% of the compensation along with proportionate interest accrued thereon and the Applicant Nos.2 and 3 Digitally signed by PRASANNA P SALGAONKAR Date:

2022.09.12 16:19:26 +0530 being the parents of the deceased are permitted to withdraw 10% of the PRASANNA P SALGAONKAR P P SALGAONKAR

17-iv--ia 17824-22 .doc compensation, each with proportionate interest accrued thereon. Suffice it to say that the withdrawal is subject to the final outcome of the appeal. The Applicants shall file an undertaking before the Tribunal that they will refund the amount with interest, in the event the Appellants succeed in the appeal.

3.

Civil Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) P P SALGAONKAR