Divisional Controller, M.S.R.T.C., Akola v. Aziza Bano Wd/O Shaikh Shafiyoddin And Others

19caf581.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 581/2023 IN FIRST APPEAL NO.802/2022 Divisional Controller, M.S.R.T.C., Akola Vs Aziza Bano Wd/O Shaikh Shafiyoddin And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr A.R. Fule, Advocate for the appellant.

Ms A.R. Sharma, Advocate for the respondent Nos. 1 to 8/applicant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 27/02/ 3.

1.

Heard.

2.

By this application, the respondent Nos. 1 to 8 are seeking permission for withdrawal of the amount. The appellant has already deposited the amount of compensation.

3.

As per the contention of the respondents though the compensation amount is awarded, the respondents are deprived from the fruits of the same. The respondents have lost their bread earner in the accident and they have no fixed source of income. They are facing financial crises. Hence, they be permitted to withdraw the amount. 4.

Mr A.R. Fule, learned advocate for the appellant strongly opposed the said application. On the ground that the appellant has challenged the award being it is exorbitant rkn

19caf581.2023.odt and excessive one. The appeal will takes it own time for its final disposal. In the meantime, the respondents/original claimants cannot be deprived from getting the compensation amount.

5.

In view of that the respondent Nos. 1 to 8 are permitted to withdraw the amount on usual undertaking to the extent that, if appellant succeeds in the appeal and amount of compensation is reduced then the respondents shall refund the compensation amount to the appellant. Civil application No. 581/2023 is disposed of. JUDGE Signed By:RAJESH K NANDURKAR rkn