Pragati Amar Surywanshi And ORS v. Maharashtra State Road Transport Corporation(Msrtc) Thr Its Divisional Controller, Latur And ANR

1 CA-13540-2019.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13540 OF 2019 IN FIRST APPEAL NO.2352 OF 2019 Pragati w/o Amar Suryawanshi and others ... Applicants

Versus

Maharashtra State Roat Transport Corporation (MSRTC), Station Road, Latur and another ... Respondents ....

Mr. Fayaz K. Patel, Advocate for the applicants Ms Ranjana D. Reddy, Advocate for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 06th JULY, 2021 PER COURT :- .

This is an application for withdrawal of the amount of compensation. The applicants are the Class-I heirs of the deceased Amar, who died in the accident involving motor vehicle. 2.

Heard. Perused the impugned award and the documents relied upon.

3.

Smt. Ranjana Reddy, learned Advocate for respondent No.1 (appellant) would submit that the amount under the award is

2 CA-13540-2019.doc exorbitant. The respondent No.1 - appellant has very good case to succeed in the appeal.

4.

Considered the rival submissions. In the fitness of things, I am inclined to grant the application in terms of the following order:-

O R D E R

(i) The civil application is partly allowed.

(ii) The applicants are permitted to withdraw 50% of the deposited amount, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. (iii) Balance amount be invested in fixed deposit in any nationalised bank, till disposal of the first appeal. [ R. G. AVACHAT, J. ] SMS