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Bombay High CourtIA/841/2025disposed off

Kiran Vinayak Borase And ORS. v. Karnataka State Road Transport Corporation, Karnataka Thr.Divisional Controller

2025-02-07Hon'Ble Shri Justice Shyam C. Chandak2 pages

Digitally signed by HEMANT CHANDERSEN SHIV Date:

2025.02.10 18:18:04 +0300 HEMANT CHANDERSEN SHIV H.C. SHIV 501.ia841.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.841 OF 2025 IN FIRST APPEAL NO.304 OF 2025 Kiran Vinayak Borase & Ors.

...Applicants In the matter betweeen Divisional Controller, Karnataka State Road Transport Corporation ...Appellant vs.

Kiran Vinayak Borase & Ors.

...Respondents

Mr. Sachin Gite for the Applicants.

Mr. C. M. Lokesh for the Original Appellant.

CORAM : SHYAM C. CHANDAK, J.

DATED : 7th FEBRUARY, 2025 P. C. :

.

Learned Advocate for the Applicants/Original Claimants submits that the Applicants/Claimants may be permitted to withdraw 75% of the compensation amount deposited by the Appellant with the Motor Accident Claim Tribunal. Learned Advocate for the Appellant submits that the Applicants may be permitted to withdraw 50% of the said amount subject to furnishing usual undertaking. 2) In view thereof the Applicants/claimants are permitted to withdraw 50% of the compensation amount along with proportionate 1/2

H.C. SHIV 501.ia841.25.doc interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicants/claimants would refund the said amount alongwith interest as would be directed by this Court. The Tribunal shall invest 50% of the amount with Nationalised bank giving highest interest from time to time. The statutory amount deposited in this Court shall be transferred to the Tribunal.

3) Interim Application No.841 of 2025, stands disposed of in the aforesaid terms.

[SHYAM C. CHANDAK, J.] 2/2