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Bombay High CourtCA/1327/2024admittedallowedgrantedrule absolute

Tayyab S/O Abdul Rajjak Patel v. Divisional Controller, M.S.R.T.C Kothal Stand

2024-04-26Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:9367 5-CA-1327-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1327 OF 2024 IN FAST/15894/2022 TAYYAB S/O ABDUL RAJJAK PATEL

VERSUS

DIVISIONAL CONTROLLER, M.S.R.T.C KOTHAL STAND ...

Advocate for Applicant : Mr. Vishal S. Badakh Advocate for Respondent : Mr. B. S. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent.

2.

The applicant has suffered permanent disablement due to vehicular accident. The total compensation was granted for Rs.5,56,000/-. However, the respondent opposed the application contending that the applicant has not suffered permanent disablement. The learned counsel for the applicant submits that the applicant has undergone two surgeries after the accident. In view of the fact, the following order is passed;

ORDER

i) The application is allowed.

ii) The applicant is permitted to withdraw the entire amount with accrued interest deposited with this Court on furnishing undertaking that he would deposit the amount, if the impugned judgment and award is reversed.

( S. G. MEHARE, J. ) rrd

5-CA-1327-24.odt rrd