Jagannath Yashwant Gavade And ANR. v. Maharashtra State Transport Corporation, Through Divisional Controller, Satara

6-FA-576-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10215 OF 2024 IN FIRST APPEAL NO. 576 OF 2024 Jagannath Yashwant Gavade And Anr.

...Applicants In the matter between Maharashtra State Transport Corporation, Through Divisional Controller, Satara ...Appellant

Versus

Jagannath Yashwant Gavade And Anr.

...Respondents

....

Mr. Vaibhav R. Gaikwad, for the Applicants.

Mr. Prathamesh Mandlik, with Mr. Nitesh V. Bhutekar, for the Appellant in FA.

....

CORAM

:

N.R. BORKAR, J.

DATE :

6th AUGUST, 2024 P.C.

:

ARUN RAMCHANDRA SANKPAL by ARUN RAMCHANDRA SANKPAL Date: 2024.08.12 09:44:51 +0530 1.

This application by the original claimants/respondents in the present appeal for withdrawal of the amount of compensation deposited by the appellant - MSTC pursuant to the impugned judgment and award.

Arun Sankpal

6-FA-576-2024.doc 2.

The only ground on which appeal is filed is contributory negligence.

3.

Considering the facts and circumstances, it would be appropriate to permit the applicants to withdraw 50% of the amount of compensation along with accrued interest. 4.

The concerned Tribunal shall permit the original claimants/respondents herein to withdraw 50% of amount of compensation subject to filing of usual Undertaking by them. 5.

The Interim Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.) Arun Sankpal