Divisional Controller ,Msrtc, Ahmednagar v. Machindra Namdev Rasal

{1} CIVIL APPLICATION NO. 14267 OF 2022 IN advocate for the Applicant The learned Counsel Mr. U. V. Wagh waives notice for Respondent-claimant.

The appellant-MSRTC is seeking condonation of delay of only 105 days, which appears to be caused due to obtaining approvals at various stages.

There is no strong objection from other side. In view of the same, delay of 105 days stands

{2} condoned. The appeal be placed for admission after removal of offce objections, if any.

Civil Application is accordingly disposed of.

{3} CIVIL APPLICATION NO. 210 OF 2023 IN The MSRTC, Division, Ahmednagar Mr. U. V. Wagh, advocate for the Applicant advocate for the Respondent.

Heard rival submissions.

The applicant is seeking withdrawal of entire compensation amount which has been deposited by the appellantMSRTC. The learned Counsel for the appellant-MSRTC strongly opposed the application on the ground that the learned Tribunal has granted exorbitant amount of compensation. He pointed out that there was contributory negligence since it was a head on collision. He also pointed out that the income of the applicant was

{4} taken at higher side and the percentage of disability was also not properly determined.

The learned Counsel for the applicant strongly opposed the aforesaid submission and supported the calculations made by the learned Tribunal.

Considering the grounds raised by the appellantMSRTC in this appeal, I am of the opinion that certain amount can be withheld till disposal of the appeal.

Hence, the applicant, at this juncture, is allowed to withdraw 50% of the compensation amount along with accrued interest thereon till date by furnishing usual undertaking to the satisfaction of the Registrar (J) of this Court. The remaining amount be invested in FDR, in any Nationalized Bank, on yearly renewal basis till fnal disposal of this appeal. Civil Application is disposed of.

{5} CIVIL APPLICATION NO. 14268 OF 2022 IN advocate for the Applicant The learned Counsel Mr. U. V. Wagh waives notice for Respondent-claimant.

Since the appellant-MSRTC has deposited the entire amount of compensation along with interest, the Civil Application is made absolute in terms of prayer clause "B" and is disposed of.

{6} Appellant advocate for the Appellant The learned Counsel Mr. U. V. Wagh waives notice for Respondent-claimant.

Call R. & P.