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Bombay High CourtCAF/4/2013disposed off

Karnataka State Road Transport Corporation v. Mr. Sharadchandra A. Vaijapurkar And ORS

2017-07-18Hon'Ble Shri Justice G.S. Patel2 pages

21-CAF4-13-S.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4 OF 2013 IN FIRST APPEAL (ST) NO. 32609 OF 2012 Karnataka State Road Transport Corporation ...Applicant

Versus

Sharadchandra A Vaijapurkar & Ors

...Respondents

Mr CM Lokesh, for the Appellant.

Mr Rahul D Oak, for Respondent No. 1.

CORAM: G.S. PATEL, J DATED:

18th July 2017 PC:- 1.

Opponent no. 1 is the Appellant. It is the Karnataka State Road Transport Corporation and it was held liable to pay 60% of the compensation of Rs. 3,29,532/-. It has deposited this amount with interest. There will, therefore, be a stay on execution against KSRTC.

2.

The accident in question involved two vehicles. Of these the appellant was the owner of the ST Bus. Having regard to the fact that this is a permanent disablement and injury claim and since the appellant has been held only partially liable, I will permit a 18th July 2017

21-CAF4-13-S.DOC withdrawal of Rs.1,95,000/- slightly less than 60% of the amount awarded against the appellant. This may be withdrawn with accrued interest on production of an authenticated copy of this order. 3.

The amount of statutory deposit is also to be transferred to the MACT, Pune and will also be invested in a fixed deposit with any nationalized bank.

4.

The Civil Application is disposed of in these terms with no order as to costs.

(G. S. PATEL, J) 18th July 2017