Snehal Balu Baraf v. Maharashtra State Road Transport Corporation, Mumbai
2024:BHC-AS:33091
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11333 OF 2024 IN CIVIL FIRST APPEAL (ST) NO. 14478 OF 2024 Snehal Balu Baraf ...Applicant vs.
Maharashtra State Road Transport Corporation, Mumbai
...Respondent
ALONGWITH INTERIM APPLICATION NO. 8839 OF 2024 ALONGWITH INTERIM APPLICATION NO. 8840 OF 2024 IN CIVIL FIRST APPEAL (ST) NO. 14478 OF 2024 Maharashtra State Road Transport Corporation, Mumbai ...Applicant vs.
Snehal Balu Baraf
...Respondent
***** Mr. Amol Gatne i/by Mrs. Swati Uday Mehta Advocate for the Applicant in IA and Respondent No. 1 in FA Prathamesh Mandalile i/by D. D.
Rananaware Advocate for Appellant and Respondent in IA - MSRTC ***** CORAM :
S. M. MODAK, J.
DATE :
12th AUGUST 2024 P. C. :- 1.
Heard learned Advocate for the Claimant and learned Advocate 1/3
for MSRTC.
2.
This is injury claim. Two ST buses were involved. The Applicant is travelling in one ST bus. Whereas the ST bus coming from opposite direction went near the ST bus in which the Applicant is travelling. His hand got damaged. The contention of the MSRTC is that there are not responsible because she had taken out her hand outside ST bus. There is strong opposition for the withdrawal.
3.
Hence, the following Order:-
ORDER
(i) The Applicant is permitted to withdraw 50% of the deposited amount alongwith interest on usual undertaking. 4.
Interim Application No. 11333 of 2024 is disposed of .
5.
There is delay in filing an appeal. It is opposed. 6.
For the reasons stated in the application, delay is condoned. 7.
Interim application No. 8839 of 2024 is disposed of. FIRST APPEAL (ST) NO. 14478 OF 2024 8.
Admit.
9.
Call the record and proceedings.
2/3
10.
Notice is waived on behalf of Respondent.
11.
Paper book be filed within six weeks.
12.
Even the Respondent-MSRTC may avail the possibility of the settlement through Mediation.
13.
Matter be kept on 26th September 2024.
[S. M. MODAK, J.] 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 19/08/2024 14:56:19