Ratan Dada Kamble And ORS v. Msrtc Through Divisional Manager Sarjepura And Another

2025:BHC-AUG:28661 1 920-CA 10863-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10863 OF 2025 IN FAST/5294/2024 Ratan Dada Kamble And Others .. Applicants

Versus

M.S.R.T.C. Through Divisional Manager Sarjepura And Another .. Respondents Mr. Narendra B. Patekar, Advocate for the Applicants. Mr. Atul Pawar, Advocate h/f Mr. B. S. Deshmukh, Advocate for Respondent No. 1 (through V.C.).

WITH CIVIL APPLICATION NO. 3407 OF 2024 IN FAST/5294/2024 M.S.R.T.C. Through Divisional Manager Sarjepura .. Applicant

Versus

Ratan Dada Kamble And Others .. Respondents Mr. Atul Pawar, Advocate h/f Mr. B. S. Deshmukh, Advocate for the Applicant(through V.C.).

Mr. Narendra B. Patekar, Advocate for Respondent Nos. 1 to 7. WITH CIVIL APPLICATION NO. 3408 OF 2024 IN FAST/5294/2024 M.S.R.T.C. Through Divisional Manager Sarjepura .. Applicant

Versus

2 920-CA 10863-2025.odt Ratan Dada Kamble And Others .. Respondents Mr. Atul Pawar, Advocate h/f Mr. B. S. Deshmukh, Advocate for the Applicant(through V.C.).

Mr. Narendra B. Patekar, Advocate for Respondent Nos. 1 to 7. CORAM : KISHORE C. SANT, J.

DATE : 09th OCTOBER, 2025.

PER COURT :- CIVIL APPLICATION NO. 10863 OF 2025 :

1.

Heard learned advocates for the parties.

2.

This application is for withdrawal of the amount deposited in the office of this Court by the appellant - insurance company. Since the amount is towards death claim and the applicants have lost earning member of their family, this Court is inclined to allow the application as under :

ORDER

(I) The civil application is partly allowed.

(II) The applicants are permitted to withdraw 50% of the amount along with accrued interest on giving usual undertaking. Further 25% of the amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned

3 920-CA 10863-2025.odt Registrar (Judicial) of this Court.

(III) Since applicant No. 1 is dead and other applicants are his heirs, the amount of his share is allowed to be withdrawn. The amount to the share of other applicants be disbursed as per their proportion in the award.

(IV) With this, the civil application stands disposed of. CIVIL APPLICATION NO. 3407 OF 2024 :

1.

This application is for condonation of delay of 109 days caused in filing the appeal.

2.

For the reasons stated in the application, delay stands condoned. The civil application is allowed and disposed of accordingly.

CIVIL APPLICATION NO. 3408 OF 2024 :

1.

The applicant has already deposited entire amount of compensation as per the impugned judgment and award in the office of this Court.

2.

Since the amount is already deposited, there shall be stay to the impugned judgment and award till disposal of the appeal.

4 920-CA 10863-2025.odt 3.

The civil application stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.