Maha. State Road Transport Corp. Ltd., Thr. Divisional Controller, Amravati v. Vilas Namdeorao Kamble And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2600 OF 2024 IN FIRST APPEAL NO.836 OF 2022 MAHA. STATE ROAD TRANSPORT CORP. LTD., THR. DIVISIONAL CONTROLLER, AMRAVATI VS VILAS NAMDEORAO KAMBLE AND ANOTHER ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.R. Charpe, Advocate for the appellant/s Mr. S.S. Patil, Advocate for the respondent No.1 -------------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : 21 st January, 2025 1.

Heard rival submissions.

2.

The respondent No.1-a and 1-b, being the legal representatives of original claimant No.1, have filed this application for withdrawal of entire amount of compensation along with interest, deposited by the appellant/MSRTC.

3.

The learned counsel for the appellant/MSRTC opposed the application on the ground that the deceased himself was negligent at the time of accident and therefore, MSRTC is not liable for paying any compensation. 4.

However, it appears that the learned Tribunal has already discarded such plea taken by the appellant/ MSRTC in respect of alleged negligence.

5.

Under such circumstances, the respondent Nos.1-a and 1-b, at this juncture, are permitted to withdraw nd.thawre

50 % of deposited amount of the compensation along with proportionate interest accrued thereon till date on the satisfaction of the Registrar (Judicial) of this Court. 6.

The remaining amount be invested in FDR in any Nationalized Bank on yearly renewal basis during the pendency of this appeal.

7.

The application is disposed of.

(SANDIPKUMAR C. MORE, J.) nd.thawre