Tatyaba Bhika Aher And ORS v. The Divisional Controller And ANR

2025:BHC-AUG:21687

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8351 OF 2025 IN FAST/31747/2023 Tatyaba Bhika Aher And Ors

VERSUS

The Divisional Controller And Anr Mr. S. D. Jaybhar, Advocate for Applicants Mr. M. D. Shinde. Advocate fpr Respondent No. 1

CORAM

: R. M. JOSHI, J.

DATE : 07th August, 2025 PER COURT :- 1.

This application is for withdrawal of the amount deposited by the applicant pursuant to the award passed by the Tribunal in MACP No. 186/2019.

2.

Learned counsel for applicants submits that the applicants are entitled for entire amount of compensation as there is no dispute with regard to the entitlement.

3.

Learned counsel for MSRTC opposes the said contention by submitting that the Tribunal has apparently committed error in accepting the income of the deceased who was aged about 65 years and was agriculturist. It is his submission that admittedly an agricultural field still exist for cultivation 938-CA-8351-2025.odt

to the LRs of deceased and in such circumstances, income of the deceased ought to have been considered to the extent of supervision only. 4.

Having regard to the aforestated facts, the applicants have not made out the case for permitting him to withdraw 100 % compensation amount deposited in this Court. However, this is not the case wherein the claimants would not be entitled to receive any compensation, there is no impediment to permit withdrawal of 75% amount deposited by insurer. 5.

Hence, following order :- 1.

Applicants are permitted to withdraw 50% amount on usual undertaking.

2.

In addition to this, applicants are permitted to withdraw 25% amount by submitting solvent surety/security. 6.

Application is partly allowed in above terms. (R. M. JOSHI, J.) bsj 938-CA-8351-2025.odt