Sharada Namdev Chavan And ORS. v. The Depot Manager, Maharashtra State Road Transport Corporation, Gadhinglaj, Kolhapur And ANR.

36-IA-11466-2025 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11466 OF 2025 IN FIRST APPEAL(ST) NO. 2189 OF 2025 Smt. Sharada Namdev Chavan And Others ...Applicants

Versus

The Depot Manager, Maharashtra State Road Transport Corporation, Gadhinglaj, Kolhapur And Another

...Respondents

----- Mr. Abhijit B. Kadam a/w Mr. Ashish A. Chavan, Advocate for Applicants Mr. Dhananjayrao D. Rananaware a/w Mr. Shubham S. Dhoble, Advocate for Respondents -----

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

9th JANUARY 2026.

PER COURT :

1.

This application is filed for withdrawal of compensation amount deposited by the respondents pursuant to the judgment and award passed by the Motor Accident Claims Tribunal, Gadhinglaj in Motor Accident Claim Petition No.32/2019.

2.

Heard.

3.

The Tribunal has awarded amount of compensation of Rs.16,81,000/- along with 9% interest per annum. Pursuant to the judgment and award respondent M.S.R.T.C. has deposited amount of Rs.23,06,221/-.

SVH

36-IA-11466-2025 (C).DOC 4.

Learned advocate for respondent M.S.R.T.C. strenuously opposed the application contending that the first appeal is filed challenging the quantum of compensation awarded as well as negligence on the part of deceased. Therefore, according to him the applicant should be permitted to withdraw only 25% of the deposited amount.

5.

Accident has taken place in the year 2019 and till today the applicants are deprived of the compensation amount. In that view of the matter, the application is allowed by permitting applicants to withdraw 50% of the amount deposited by the respondents along with proportionate interest accrued thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

(NITIN B. SURYAWANSHI, J.) SVH