Bhagwan Limbaji Savale And ANR v. M.S.R.T.C., Thr Its Div. Controller, Parbhani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5469 OF 2019 IN FIRST APPEAL (STAMP) NO.38753 OF 2018 (Bhagwan Limbaji Savale and another Vs. M.S.R.T.C., through its Divisional Controller, Parbhani) ---- Mr. Pramod C. Mayure, Advocate for the applicants Mr. A.D. Wange, Advocate for respondent No.1 ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

3rd MAY, 2019 ORDER :

Heard learned counsel for the applicants/ claimants and learned counsel for respondent No.1 - M.S.R.T.C.

2.

Learned counsel for M.S.R.T.C. objects the withdrawal of the compensation amount on the ground of the plea of contributory negligence raised by the M.S.R.T.C.

3.

I have gone through the judgment and award.

Considering the award passed by the Tribunal, I feel it desirable to allow applicant No.2 Sow. Indrabai only to withdraw 50% of the amount of compensation

ca5469-2019 with accrued interest thereon, subject to filing of written undertaking in the First Appeal to re-deposit the withdrawn amount as and when directed by this Court. The undertaking shall be filed within a period of eight weeks from the date of passing of this order. The balance amount shall be invested in fixed deposit in any nationalized bank till final hearing of the appeal. Civil Application is accordingly allowed and disposed of.

[SUNIL K. KOTWAL] JUDGE npj/ca5469-2019