The Divisional Controller, Maha. State Road Transport Corporation, Nagpur v. Shila Wd/O Murlidhar Pardhi And Others

21fa483.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 748/2023 IN FIRST APPEAL NO. 483/2022 The Divisional Controller, MSRTC, Nagpur Vs Shila Wd/O Murlidhar Pardhi 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 V.H. Kedar, counsel for the appellant.

Mr K.P. Mirache, counsel for the applicant/respondent Nos. 1 to 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 15/03/ 3.

1.

Heard.

2.

This application is filed by respondent Nos. 1 to 3 for seeking permission for withdrawal of the amount. 3.

As per the contention of the respondents, the tribunal has granted compensation of Rs. 9,77,200/- along with accrued interest at the rate of Rs. 7.5%.

4.

The appellant has already deposited the amount. 5.

The respondents are the dependents of the deceased. Though the award is passed, they have not received a single penny towards compensation and hence, they permitted to withdraw the amount of compensation. 6.

The said application is strongly opposed by the learned counsel for the appellant Mr V.H. Kedar, on the ground that the appellant has challenged the quantum of compensation on the ground that the deceased was also rkn

21fa483.2022.odt responsible for the said accident, as he has contributed to the said accident.

7.

Moreover, respondent Nos. 2 and 3 have already attended the age of majority and they are not dependent on the compensation amount. Considering the grounds mentioned in the application and the objection raised, at this stage, it will be appropriate to permit the respondent Nos. 1 to 3 to withdraw the 50% amount along with accrued interest on usual undertaking.

8.

respondent No.1 shall execute the undertaking to the effect that, if the appellant succeeds in the appeal, she has to refund the amount of compensation, as per the direction of this Court.

Civil application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn