Divisonal Controller, Maharashtra State Transport Corporation, Satara v. Subhash Manikrao Chavan (Deceased) And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10705 OF 2024 IN FIRST APPEAL (ST) NO.14235 OF 2024 Divisional Controller, Maharashtra State Transport Corporation, Br.S.T.Bus Depot, Satara .. Applicant

Versus

Subhash Manikrao Chavan (Deceased) & Ors.

.. Respondents Mr.Dhananjayrao Rananaware, Advocate for the Applicant/Appellant.

Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.07.24 14:33:56 +0530 UTKARSH KAKASAHEB BHALERAO Ms.Avantika Shinde, Ravindra Vishnu-Laxmi Sankpal i/b R.V.Sankpal & Associates, Advocates for Respondents.

CORAM

:B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : JULY 23, 2024 P. C.

1.

The above Interim Application is filed seeking a stay to the effect, implementation and execution of the impugned Judgment and Award dated 14th August 2023 passed by the Motor Accident Claims Tribunal at Satara in MACP No.293 of 2015.

2.

By the impugned Judgment and Award, the Motor Accident Claims Tribunal directed the Appellants to pay compensation of Rs.75,56,113/- together with interest @6% per annum from the date of

filing of the Claim Petition till realization of the entire amount. The apportionment of the aforesaid amount between Applicant Nos.2 and 3 has also been mentioned in the impugned Judgment. 3.

The learned advocate appearing on behalf of the Appellant sought stay of this judgment and stated that the Appellant is willing to deposit the entire amount of Rs.75,56,113/- together with interest @6% per annum from the date of the filing of the Claim Petition till the date of deposit. The learned advocate has further stated on instructions that the aforesaid amount shall be deposited in this Court within a period of 8 weeks from today.

4.

In light of the aforesaid statement, and which is accepted as an undertaking given to the Court, we hereby stay the effect, implementation and execution of the impugned Judgment and Award dated 14th August 2023.

5.

It is needless to clarify that if the aforesaid deposit is not made within a stipulated period, the stay granted by us shall automatically stand vacated without further reference to the Court. It is also made clear that in the event the Respondents herein wish to withdraw the amount deposited in this Court, or any part thereof, they

are free to make an Application in the present Appeal. If such an Application is made the same shall be decided on its own merits and in accordance with law.

6.

The above Interim Application is accordingly disposed of. However, there shall be no order as to costs. 7.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]