Baban Mahadu Kamble And ANR v. Divisional Controller, Maharashtra State Road Transport Coporation

2025:BHC-AUG:23260 1 72.CA-9227-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 72 CIVIL APPLICATION NO. 9227 OF 2025 IN FAST/5914/2025 BABAN MAHADU KAMBLE AND ANR

VERSUS

DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT COPORATION ...

Advocate for the Applicant : Mr. Suryawanshi Surendra V Advocate for Respondent/Sole:Mr. D.S. Bagul ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25.08.2025 PER COURT :

.

Heard both sides.

2.

Applicants are claiming withdrawal of amount of Rs.4,74,759/- deposited by the Respondent/corporation.

3.

The application is contested by the Respondent/corporation on the ground that there is no income proof and there are no eyewitness to the incident in question. The quantum arrived at by the tribunal is vulnerable. It is further submitted that it's a case of contributory negligence.

4.

I have gone through impugned judgment. It reveals from record that applicants are awarded amount of Rs.10,00,000/- under 'passenger insurance scheme'. The quantum is seriously challenged

2 72.CA-9227-2025.doc by the Respondent/corporation.

5.

I partly accept the submission of learned counsel for respondents and withhold Rs.74,759/- Ends of justice would be met in permitting the applicants to receive Rs.4,00,000/- on furnishing undertaking.

6.

Civil application is partly allowed permitting the applicants to receive Rs.4,00,000/- on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

6.

Balance amount shall be invested in nationalized bank. [ SHAILESH P. BRAHME, J.] vsj..