Fula Rahul Raut And ORS v. Msrtc, Dhule Depot Dhule And ANR

2025:BHC-AUG:12283 (1) 67-ca-4494-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4494 OF 2025 IN FA/2464/2024 FULA RAHUL RAUT AND ORS

VERSUS

MSRTC, DHULE DEPOT DHULE AND ANR ...

Mr. D. D. Pande h/f Mr. Amol Sudam Mali, Advocate for Applicants.

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 applicants are original claimants in M.A.C.P. No.737/2018. They instituted claim under Section 163-A of Motor Vehicle Act claiming compensation towards accidental death of Rahul Shivaji Raut in motor vehicular accident dated 21.05.2018 inlvoving ST bus.

3.

The claim was contested by Corporation. The Tribunal after evaluation of evidence, passed award for Rs.5,44,500/-. 4.

The respondent/Corporation filed present appeal raising objection as to the quantum of compensation.

5.

Perused reasoning adopted by Tribunal in impugned judgment. Apparently, claimants are entitled for compensation as determined by Tribunal. In result, following order:

ORDER

a.

Civil Application is partly allowed.

(2) 67-ca-4494-2025.odt b.

The applicants are permitted to withdraw 75% of compensation amount as deposited by respondent/insurer alongwith accrued interest thereon subject to condition that applicants file an undertaking to the satisfaction of Registrar (Judicial) of this Court that they 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