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Bombay High CourtCA/4156/2019disposed off

The Maharashtra Stae Road Transport Corporation / Msrtc, Div. Ahmednagar v. Alka Bhanudas Gaigoye And ORS

2023-03-01Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1} CIVIL APPLICATION NO.2559 OF 2023 IN and another Applicants Corporation & another Mr. V. B. Anjanwatikar, advocate for the Applicants Mr. A. M. Reddy, advocate i/by Mr. B. S. Deshmukh, advocate for Respondent No.1.

Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, falling to their respective shares, which has been deposited by the appellant-MSRTC.

The learned Counsel for the appellant-MSRTC strongly opposed the application on the ground that since there was head on collusion, the deceased contributed in the occurrence of accident to the extent of 50%.

In view of the same, the applicants herein are permitted to withdraw 50% of the compensation amount falling to

{2} their respective shares, as apportioned by the learned Tribunal along with proportionate interest accrued thereon, by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal. Civil Application is disposed of.

{3} CIVIL APPLICATION NO.4155 OF 2019 IN Corporation Applicant and others Mr. A. M. Reddy, advocate holding for Mr. B. S. Deshmukh, advocate for the applicant.

Mr. V. B. Anjanwatikar, advocate for the Respondents. The applicant-MSRTC is seeking condonation of delay of only 51 days.

Considering the short period of delay, it stands condoned.

Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

{4} CIVIL APPLICATION NO.4156 OF 2019 IN Corporation Applicant and others Mr. A. M. Reddy, advocate holding for Mr. B. S. Deshmukh, advocate for the applicant.

Mr. V. B. Anjanwatikar, advocate for the Respondents. Since the appellant-MSRTC has deposited entire amount of compensation along with interest, the application is made absolute in terms of prayer clause {B} and disposed of.