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Bombay High CourtCA/8243/2025admittedallowedgrantedrule absolute

Jaya Gangasagar Dattarao Dhawale And ORS v. Maharashtra State Road Transport Corporation Ltd Parbhani Through Its Divisional Controller

2025-08-05Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:20901 949 CA 8243 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 8243 OF 2025 IN FA/698/2025 JAYA GANGASAGAR DATTARAO DHAWALE AND ORS

VERSUS

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION LTD PARBHANI THROUGH ITS DIVISIONAL CONTROLLER ...

Advocate for Applicant : Mr. Ghatol Patil Shahaji B. Advocate for Respondent : Mr. Narayan Chavan h/f Mr. D.S. Bagul

CORAM

: SHAILESH P. BRAHME, J.

DATE : 05.08.2025 PER COURT :

By way of this application the disbursement of the amount deposited by the respondent-Corporation is solicited. It is a death claim and the dependents are in dire need of the amount of Rs. 25,000/- towards security deposit and Rs. 1,04,78,995/-.

2.

The learned advocate for the respondent-Corporation would oppose the application. He would submit that an exorbitant quantum has been sanctioned by the Tribunal. Future prospectus awarded by the Tribunal is vulnerable.

3.

I have considered the rival submissions of the parties and I have also gone through the impugned judgment. A bread earner of the family is lost and precarious financial condition cannot be doubted. Instead of permitting the applicants to receive entire amount, I find it fit to restrict them to the extent of 75% only.

4.

The Civil Application is partly allowed, permitting the applicants to receive 50% of the amount on furnishing undertaking and further 25% of 1/2

949 CA 8243 OF 2025.odt the amount on furnishing surety/security to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank.

( SHAILESH P. BRAHME, J.) mkd/- 2/2