Maha. State Road Transport Corporation Thr. Divisional Controller, Division Gadchiroli v. Smt. Pratidnya Wd/O Pradeep Thalal And Others

31 fa 420-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO. 229 OF 2022 IN FIRST APPEAL NO. 420 OF 2021 Maharashtra State Road Transport Corporation through its Divisional Controller, Division Gadchiroli ...Versus...

Smt. Anusaya Wd/o Lahanu Thalal and others WITH CIVIL APPLICATION NO. 228 OF 2022 IN FIRST APPEAL NO. 421 OF 2021 Maharashtra State Road Transport Corporation through its Divisional Controller, Division Gadchiroli ...Versus...

Smt. Pratidnya Wd/o Pradeep Thalal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri S.R. Renu, Advocate h/f Shri S.R. Charpe, Advocate for appellant in both appeals Shri P.P. Pendke, Advocate for respondent Nos. 1 and 2 in F.A. No. 420/2021 and for respondent Nos. 1 to 3 in F.A. No. 421/2021 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 17/02/2022 CIVIL APPLICATION NO. 229 OF 2022 By this application, the respondent Nos.1 and 2/ original claimants have sought withdrawal of the compensation deposited by the appellant as per the judgment and award of the Tribunal.

2.

Having considered the grounds stated in the application as well as having considered the grounds raised in the appeal memo, the respondent Nos. 1 and 2 are permitted to withdraw 50% of the compensation with

31 fa 420-2021.odt proportionate interests accrued thereon.

3.

The application stands disposed of.

FIRST APPEAL NO. 420 OF 2021 At the request of learned Counsel for the appellant, stand over after two weeks.

CIVIL APPLICATION (CAF) NO.

OF 2022 By this application the respondent Nos. 1 to 3 have sought withdrawal of compensation deposited by the appellant in terms of judgment and award of the Tribunal. 2.

By the impugned judgment the claimants Tribunal has awarded total compensation of Rs. 15,93,000/- with interest at the rate of 9% per annum. Respondent No.2 is a minor, hence, I am not inclined to allow any withdrawal on behalf of the claimant No.2. Claimant Nos 1 and 3 being a widow and the mother of the deceased are permitted to withdraw compensation to the extent of 30% with proportionate interest accrued thereon. The balance amount be invested in F.D.R. in any nationalize bank.

3.

Application stands disposed of.

FIRST APPEAL NO. 421 OF 2021 At the request of learned Counsel for the appellant, stand over after two weeks.

JUDGE Signed By:JAYASHREE SHARAD SHINGNE Jayashree..