Rajendra Vikram Marathe v. Maharashtra State Road Transport Corporation, Dhule And ANR

(1) 34-ca-3957-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3957 OF 2025 IN FAST/33149/2024 RAJENDRA VIKRAM MARATHE

VERSUS

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, DHULE AND ANR ...

Mr. Mohit Shrikant Shah, Advocate for Applicant. Mr. D. S. Bagul, Advocate for Respondent No.1. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 25th APRIL, 2025.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

The applicant/original claimant is seeking permission to withdraw amount deposited by respondent/MSRTC in pursuance to the award passed by Tribunal under provisions of Motor Vehicle Act.

3.

Perused reasoning adopted by Tribunal. The appeal is mainly filed assailing quantum of compensation. The entitlement of applicant/claimant cannot be disputed in toto. In that view of the matter, claimant is certainly entitled for partial withdrawal of amount. Hence, following order:

ORDER

a.

Civil Application is partly allowed.

b.

The applicant is permitted to withdraw 60% of the compensation amount as deposited by Corporation alongwith accrued interest thereon subject to condition that applicant files an undertaking to the satisfaction of Registrar (Judicial) of this Court

(2) 34-ca-3957-2025.odt that he shall redeposit amount in case any adverse order is passed in appeal. Such an undertaking to be filed within period of eight weeks from today and shall be made part of Appeal compilation. c.

Balance of the amount be kept in Fixed Deposits in any Nationalized Bank.

(S. G. CHAPALGAONKAR) JUDGE Devendra/April-2025