Bharat S/O Dharmaji Wakode v. Maharashtra State Road Transport Corporation Amravati Thr. Divisional Officer And Others

fa.1156.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1505 of 2020 in First Appeal No.1156 of 2016(D) Bharat Dharmaji Wakode vs.

M.S.R.T.C. & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Vivek Thote, Advocate for the Appellant/Applicant. Shri S.M. Bahira, Adv. h/f Shri D.S. Raut, Adv. for Respondent No.3.

CORAM

: S.M. MODAK, J.

DATE : 14 th DECEMBER, 2020 The claim for entitlement of the fatherpresent applicant was rejected by the Claims Tribunal on 20/06/2015 by way of interim order. Then, he has not given evidence before the Claims Tribunal. Accordingly, the Claims Tribunal has not granted him any compensation. When this judgment was challenged by him, this Court directed apportionment of the compensation in between him and the original claimant - mother equally.

The M.S.R.T.C. has deposited the amount of compensation before the Claims Tribunal. The applicant-father wants his share of 50%. The original claimant-mother has not withdrawn any amount as submitted on her behalf by her learned Advocate. Hence, the order :

fa.1156.16 2/2 The Court of Motor Accident Claims Tribunall, Darwha is directed to distribute the amount deposited before them along with accrued interest equally in between the claimant - Smt. Namrata Bharat Wakode and Bharat Dharmaji Wakode, after compliance of the office procedure.

The application is disposed of accordingly.

JUDGE *sandesh