Bombay High CourtCAF/2673/2014dispossed offdismiss for default

Smt. Vrushali Wd/O Sachin Thorat And Another v. M.S.R.T.C. Through Regional Manager, Nagpur And Another

2015-02-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2673.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NOS.2673/2014 & 154/2015 IN FIRST APPEAL STAMP NO.772/2014 Smt. Vrushali wd/o Sachin Thorat and another ..Versus..

M.S.R.T.C., through Regional Manager, Station Road, Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 6.2.2015 The respondent no.2 - mother of the deceased has filed application praying for permission to withdraw 40% of the amount deposited by the appellant as per the order of the Tribunal. The appellant no.1 - widow of deceased objects to the prayer of the respondent no.2 on the ground that the respondent no.2 is not entitled for 40% of the amount.

2 caf2673.14 Whether the respondent no.2 is entitled for 40% of the amount of compensation or not has yet to be decided. In the meantime, the appellant no.1 is permitted to withdraw 30% and the respondent no.2 is permitted to withdraw 30% of the amount deposited by the respondent no.1 before the Motor Accident Claims Tribunal. The balance 40% of the amount shall be invested in a fixed deposit account in the nationalized bank initially for the period of three years to be renewed every year till the decision of the appeal. The civil applications are disposed of in the above terms.

JUDGE Tambaskar.