Smt. Sandhya Singh And ANR. v. Maharashtra State Road Transport Corporation,Through Division Manager

hcs 48.a936.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.936 OF 2019 IN FIRST APPEAL STAMP NO.10546 OF 2016 Sandhya Singh & Ors.

...

Applicants.

In the matter between Maharashtra State Road Transport Corporation ...

Appellant.

V/s.

Manju Singh & Ors.

...

Respondents.

Mr.Vijay Killedar for the Applicants.

Mr.C.M. Lokesh i/b G.S. Hegde for the Original Appellant. Mr.Yogesh Pande Respondent Nos.3 to 5.

CORAM : V.G. BISHT, J.

DATE : 22ND JANUARY, 2020.

P.C.:

1.

Heard learned counsel for the parties.

2.

The applicants have moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and order dated 13/10/2015 passed in Motor Accident Claim Petition No.431 of 2013 by learned Member, Motor Accident Claims Tribunal, Pune. 3.

In view of submissions made by learned counsel for the applicants, they are allowed to withdraw 50% of the compensation amount as per apportionment made in 1/2

48.a936.19.odt paragraph 5 of the order dated 13/10/2015 passed in MAC Petition No.431 of 2013. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.

4.

Civil Application is allowed and is accordingly disposed of.

(V.G. BISHT, J.) 2/2