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Bombay High CourtFA/51/2019disposed off

Maharashtra State Road Transport Corporation Limited.Thr.Its Divisional Controller. v. Smt.Shilpa Manoj Patel And ORS.

2018-12-08Hon'Ble Shri Justice Sandeep Kashinath Shinde,Retired Judge,Registrar(Os)/Prothonotary And Sr. Master4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL (ST) NO. 21129 OF 2017 ALONGWITH CIVIL APPLICATION NO. 3765 OF 2017 Maharashtra State Road Transport Corporation Ltd.

....Appellant V/s.

Shilpa Manoj Patel and Ors.

.....Respondents * * * * Mr. Y.P. Deshmukh, Advocate for the appellant. Ms. Shilpa M. Patel, i.e. respondent no.1 present in person.

CORAM : SANDEEP K. SHINDE, J & SHRI. S.R. KHANZODE, & (Retired District and Sessions Judge) SHRI. S.T. KAPSE, (Addl. Registrar (O.S.) & Addl.

Prothonotary & Senior Master.) Saturday, 8th December, 2018.

P.C. :

1.

Not on board. Upon mentioning, taken on production board.

2/4 2.

This Appeal is preferred by the Maharashtra State Road Transport Corporation against the judgment and Award dated 23rd October, 2015 passed by the Motor Accidents Claim Tribunal, Mumbai in M.A.C.P. No. 2064 of 2008.

3.

The parties to the Appeal have arrived at consent terms executed on 8th December, 2018. The same is taken record and marked 'X-1 for identification. Respondent no.1 is present in the Court. She is representing respondents no.2 and 3 being minor daughters. Respondent no.1 admits the consent terms. The Appeal is disposed of in terms of the consent terms.

4.

The amount of Rs.25,000/- being the statutory deposit be refunded to the appellant-Corporation. The appellant is entitled for refund of court-fees as per Rules.

5.

It is clarified that, if there is an excess amount left with the Tribunal after paying the compensation

3/4 amount, the same shall be paid to the appellantCorporation. 6.

With the disposal of the appeal, Civil Application No. 3765 taken out for stay becomes infructuous and does not survive. The same is also disposed of. (SANDEEP K. SHINDE, J) (SHRI. S.R. KHANZODE) (SHRI. S.T. KAPSE)

4/4 N THE HIGH COURT OF JUDICATURE AT BOMBAY BEFORE THE NATIONAL LOK ADALAT CIVIL APPLICATION NO. 3764 OF 2017 (FOR CONDONATION OF DELAY) IN FIRST APPEAL (ST) NO. 21129 OF 2017 Maharashtra State Road Transport Corporation Ltd.

....Applicant V/s.

Shilpa Manoj Patel and Ors.

.....Respondents * * * * Mr. Y.P. Deshmukh, Advocate for the applicant. Ms. Shilpa M. Patel, i.e. respondent no.1 present in person.

CORAM : SANDEEP K. SHINDE, J & SHRI. S.R. KHANZODE, & (Retired District and Sessions Judge) SHRI. S.T. KAPSE, (Addl. Registrar (O.S.) & Addl.

Prothonotary & Senior Master.) Saturday, 8th December, 2018.

P.C. :

1.

The above Civil Application is taken out for condonation of delay. For the reasons stated in the Civil Application, the same is allowed. The delay is condoned.

(SANDEEP K. SHINDE, J) (SHRI. S.R. KHANZODE) (SHRI. S.T. KAPSE)