Hemangi Vishal Behere v. The Divisional Controller Msrtc Dhule

929 CA NO.5057.2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5057 OF 2025 IN FAST/20313/2024 HEMANGI VISHAL BEHERE AND ORS.

VERSUS

THE DIVISIONAL CONTROLLER MSRTC DHULE ...

Advocate for Applicants : Mr. Mukul S. Kulkarni Advocate for Respondent : Mr. D. S. Bagul ...

WITH CIVIL APPLICATION NO. 11223 OF 2024 IN FAST/20313/2024 WITH CIVIL APPLICATION NO. 11224 OF 2024 IN FAST/20313/2024 ....

CORAM : NITIN B. SURYAWANSHI, J. AND MANJUSHA DESHPANDE, J.

Dated : May 2, 2025 PER COURT :- 1.

This is an application filed by the applicants - claimants for withdrawal of the compensation amount deposited by the respondent.

2.

The Motor Accident Claims Tribunal, Dhule, has awarded compensation of Rs. 1,68,43,585/- to the applicantsclaimants. The accident has taken place on 18.07.2022 and till date, the applicants have not received any compensation amount.

929 CA NO.5057.2025 -23.

Learned Advocate for the respondent has strenuously opposed the application stating that in fact, the accident has taken place due to the negligence of the truck driver and respondent was not at fault.

4.

Be that as it may, having regard to the fact that applicants - claimants are awarded compensation of Rs. 1,68,43,585/- and accident has taken place on 18.07.2022, we allow the application and permit the applicants to withdraw 50% of the amount of compensation deposited by the respondent by furnishing usual undertaking.

5.

Remaining amount be invested in a nationalized bank, to be renewed from time to time, until further orders. (MANJUSHA DESHPANDE, J.) (NITIN B. SURYAWANSHI, J.) Omkar Joshi