Dattatrya Bhika Patil And ANR v. Maharashtra State Road Transportation Corporation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.8686 OF 2023 IN FA/2226/2022 DATTATRYA BHIKA PATIL AND ANR

VERSUS

MAHARASHTRA STATE ROAD TRANSPORTATION CORPORATION ...

Advocate for Applicants : Mr. Chapalgaonkar Shailesh S. Advocate for Respondent : Mr. M. K. Goyanka ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10/08/2023 PER COURT :

The appeal is filed by the MSRTC against the compensation, awarded towards the deceased son of the applicant, by the Motor Accident Claim Tribunal. The compensation awarded is Rs.5,78,312/- plus Rs.25,000/-. The amount is deposited in this Court. The present application is filed by the claimants. The case of the MSRTC is relating to the contributory negligence, and even if the MSRTC succeeds, the claim amount would not be reduced to less than 50 % of the compensation granted.

2.

In view of the same, the applicant is permitted to withdraw Rs.3,00,000/- along with accrued interest on usual terms and

CA 8686-2023 conditions that may be imposed.

3.

After submission of usual undertaking by the applicant, the Registry is directed to release amount of Rs.3,00,000/- to the applicant along with accrued interest .

4.

In view of the above, civil application is disposed of. ( ARUN R. PEDNEKER, J. ) vj gawade/-.