Satish Rangrao Desai Next Friend Wife Madhuri Satish Desai v. The Maharashtra State Road Transport Corporation, Dhule And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.15117 OF 2015 IN FA/2307/2015 SATISH RANGRAO DESAI NEXT FRIEND WIFE MADHURI SATISHDESAI

VERSUS

THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, DHULE AND ANOTHER ...

Advocate for Applicant : Mr. Pawar Ajay D.

Mr. D S Bagul For R/1 ...

CORAM : P.R. BORA, J.

Dated: November 21, 2015 ...

PER COURT :- 1) Heard. As directed by this Court, the Respondent No.1 has deposited 70% of the amount of compensation awarded by the Motor Accident Claims Tribunal Dhule. The applicant herein i.e. original claimant is claiming withdrawal of the entire said amount.

2) Respondent No.1 has raised the plea of contributory negligence on the part of the original claimant. It is the contention of the Respondent No.1 that the plea so raised by it has not been properly considered by the bdv

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD (2) Trial Court. It is the further contention of Respondent No.1 that the Respondent No.1 has also raised the objections as regards the medical bills submitted by the original claimant. The learned Counsel for the respondent No.1, therefore, opposed for granting permission to the present applicant for withdrawal of the deposited amount.

3) Though Respondent No.1 has raised the objections as aforesaid, there may not be any impediment in permitting the present applicant to withdraw 75% of the amount so deposited by Respondent No.1. The applicant is accordingly permitted to unconditionally withdraw 75% of the deposited amount.

Civil Application is accordingly disposed of.

( P.R. BORA, J. ) ...

bdv