Gurudas Aliyas Raju Babanrao Admane v. The Divisional Manager, Maharashtra State Road Transport Corporation

2025:BHC-AUG:5165 (1) 36-ca-1881-2025-withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1881 OF 2025 IN FAST/25440/2024 GURUDAS ALIYAS RAJU BABANRAO ADMANE

VERSUS

THE DIVISIONAL MANAGER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION ...

Mr. Dattatraya Rambhau Markad, Advocate for Applicant. Mr. Dnyaneshwar S. Bagul, Advocate for Respondent. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 21st FEBRUARY, 2025.

P.C.:- 1.

Heard learned Advocates appearing for the respective parties.

2.

The respondent/MSRTC assails award passed by Tribunal granting compensation to the applicant.

3.

Perused grounds of Appeal. It is contended that owner and driver of other vehicle involved in accident is not made party. Secondly, driver of ST bus is also not made party. The aforesaid objection can be considered at the stage of final hearing. At present, Award is in favour of claimant. He has suffered 8% permanent disablement. He was granted Rs.45,608/- towards medical expenses. In that view of the matter, he is entitled for partial withdrawal of amount. Hence, following order:

ORDER

a.

Civil Application is partly allowed.

b.

The applicant is permitted to withdraw 70% of the amount deposited by the appellant, subject to filing an undertaking to the

(2) 36-ca-1881-2025-withdrawal.odt satisfaction of the Registrar (Judicial) of this Court, stating that he shall re-deposit the amount if so directed at the conclusion of the proceedings in the appeal.

(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2025