Bharati Manoj Saptol And ORS v. S T Mahamandal Maharashtra State Road Transport Corporation

912-CA-8116-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8116 OF 2023 IN FIRST APPEAL NO. 3103 OF 2002 BHARATI MANOJ SAPTOL AND ORS ... Applicants

VERSUS

S T MAHAMANDAL MAHARASHTRA STATE ROAD TRANSPORT CORPORATION ... Respondents ..

Advocate for Applicants: Ms. Kirti A. Deshpande h/f Mr. M. M. Bhokarikar ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :06.07.2023 PER COURT :

1.

By this application, the original claimants are seeking withdrawal of the amount deposited by the respondent - Corporation in this appeal.

2.

The learned Advocate appearing for the applicants submits that the bread-earner of the family lost his life in motor vehicle accident dated 19/06/2021. The Tribunal, after considering the evidence on record, passed an award for compensation of Rs.17,82000/-. The respondent - Corporation has deposited the amount as per award in view of the condition imposed by this Court while granting stay to the award.

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912-CA-8116-2023.odt 3.

Perusal of the judgment passed by the Tribunal shows that the contentions which are raised in appeal are dealt with by the Tribunal and the findings in favour of the claimants have been recorded. 4.

In that view of the matter, it would be appropriate to permit the applicants to withdraw 50% of amount deposited by the respondent - Corporation subject to usual undertaking to be furnished to the satisfaction of the Registrar (Judicial) of this Court. 5.

Civil Application is disposed of accordingly. (S. G. CHAPALGAONKAR, J.) Sameer 2/2