The Controller, Maharashtra State Road Transport Corporation (M.S.R.T.C.), Nagpur v. Sarswati Wd/O Dulichand Barvaiyya And Others

1 52-CA-4574-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.4574 OF 2025 IN FIRST APPEAL NO.1479 OF 2025 The Controller, MSRTC, Ganeshpeth, Nagpur Vs.

Sarswati Wd/o. Dulichand Barvaiyya and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.H. Kedar, Advocate for the Appellant.

Mr. K.P. Mirache, Advocate for the Respondent Nos.1 to 3. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 12 th DECEMBER, 1.

By this application, the respondents/claimants seek withdrawal of the amount of compensation deposited by the appellant in accordance with the impugned judgment and award dated 06.07.2024 passed by the Member of Motor Accident Claim Tribunal-2, Nagpur in MACP No.679/2022.

2.

The respondents/claimants are the dependents of the deceased who had died in the vehicular accident involving the bus bearing registration No.MH-14BT-0665 run by the applicant/appellant and Activa Scooter bearing registration No.MH-36-AF-1619 which was driven by the deceased.

3.

Having regard to the contents and submission advanced, the respondents/claimants are permitted to withdraw 50% of amount of compensation alongwith the accrued interest subject to furnishing usual undertaking.

2 52-CA-4574-2025.odt 4.

In view of the above, the civil application is allowed.

FIRST APPEAL NO.1479 OF 2025 1.

Heard learned counsel for the appellant.

2.

Having regard to the grounds raised, Admit.

3.

Call record and proceedings.

4.

List the appeal for final hearing in the first week of February, 2026.

(PRAFULLA S. KHUBALKAR, J . ) Privel