Rukmin Pandurang Shinde And ORS v. The Divisional Controller Maharashtra State Road Transport Corporation Osmanabad And ANR

2026:BHC-AUG:3112 917.CA.5028.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5028 OF 2024 IN FIRST APPEAL NO. 534 OF 2018 Rukmin Pandurang Shinde and Others ...Applicants

Versus

The Divisional Controller Maharashtra State Road Transport Corporation Osmanabad and Another

...Respondents

*** Mr. Kolpe Mahendra B., Advocate for the Applicants. Mr. A.B. Dhongade, Advocate for Respondent No.1. *** CORAM : RAJNISH R. VYAS, J.

DATE : JANUARY 23, 2026 PER COURT :

1.

The original first appeal i.e. First Appeal No.534 of 2018 was decided by this Court on 29th October 2021, thereby reducing compensation granted by the Tribunal under Motor Vehicles Act. It was further stated that the grant of compensation be paid to the respondent therein. In the first appeal, one Rukhmin, Pooja, Manisha, Kranti, Kalpana and Ashok, so also one Rohidas and Gajrabai were the legal heirs of the deceased Pandurang. It is brought to my notice that Gajrabai had died, who was the mother of the deceased Pandurang, and therefore, Civil Application No.9399 of 2022 was preferred Shrikant Malani

917.CA.5028.2024 requesting the Court to allow the withdrawal of amount deposited by the original appellant at the instance of the legal heirs. The said application was allowed on 19th September 2024. Now by way of present application, it is submitted that even Rohidas, father of the deceased Pandurang is also expired and thus it would be applicant Nos.1 and 6, who are the only legal heirs and would be entitled for the compensation. The death certificate of Rohidas is filed on record which is at page No.22.

2.

The learned counsel appearing for the original appellant has not opposed the application.

3.

In view of the averments made in the application, the application is allowed in terms of prayer clause (b). ( RAJNISH R. VYAS, J. ) Shrikant Malani