Sardar Jitendrasingh Avtarsingh v. Maharashtra State Road Transport Co., Thr Divisional Controller, Msrtc, Nanded

2024:BHC-AUG:29620 {1} 923-ca-1966-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 1966 OF 2024 IN FAST/29891/2019 Sardar Jitendrasingh Avtarsingh ....Applicant

VERSUS

Maharashtra State Road Transport Co., Through Divisional Controller, MSRTC, Nanded .....Respondent .....

Ms. Karishma Sarin h/f Mr. S.S. Bora, Advocate for Applicant Mr. Manoj Shinde h/f. Mr. M.K. Goyanka, Advocate for the respondent .......

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 14th DECEMBER, 2024 ORDER :

1.

Heard.

2.

This application is filed for withdrawal of amount deposited by the respondent towards injury claim filed by the applicant.

3.

Learned advocate for the respondent has strenuously opposed the application stating that in connected claim petitions, the Tribunal has exonerated MSRTC on account of negligence of the applicant.

Bhagyawant Punde

{2} 923-ca-1966-2024 4.

Fact remains that those claim petitions were filed under Section 166 of Motor Vehicles Act, whereas applicant's claim petition is under Section 163(A) of Motor Vehicles Act. The accident has taken place on 23.08.2001 and the Tribunal has passed award on 12.04.2019. The claimant has not received any compensation till date.

5.

In that view of the matter, application is allowed in terms of prayer clause 'B', on applicant furnishing usual undertaking to the satisfaction of Registrar (Judicial). [NITIN B. SURYAWANSHI, J.] Bhagyawant Punde