Priyanka Ashok Walunj And ORS. v. The Maharashtra State Road Road Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR FIRST APPEAL (ST) NO.24927 OF 2023 WITH INTERIM APPLICATION NO.15906 OF 2023 SATISH RAMCHANDRA SANGAR Date: 2025.10.14 12:49:33 +0530 [FOR STAY] WITH INTERIM APPLICATION NO.15905 OF 2023 [FOR CONDONATION OF DELAY] Maharashtra State Road Transport Corporation ...Appellant V/s.

Priyanka Ashok Walunj and Ors.

...Respondents

WITH INTERIM APPLICATION NO.12153 OF 2025 [FOR WITHDRAWAL OF AMOUNT] Priyanka Ashok Walunj and Ors.

...Applicants In the matter between:- Maharashtra State Road Transport Corporation ...Appellant V/s.

Priyanka Ashok Walunj and Ors.

...Respondents

***** Mr.Manjeet Lotankar a/w Mr.Sumedh S. Gaikwad i/b.

Mr.Dhananjayrao D. Rananaware:- Advocate for Appellant-MSRTC.

Ms.Vaishnavi Gujarathi:- Advocate for Respondents.

*****

CORAM

:

S. M. MODAK, J.

DATE :

7th OCTOBER 2025 1/3

P. C. :- 1.

Heard learned Advocate for the Applicants/Claimants and learned Advocate for MSRTC.

2.

As per the Award dated 27th April 2023, the amount of compensation is adjudicated as Rs.18,70,000/- (Rupees Eighteen Lakh Seventy Thousand) along with interest. This is an Award in death claim.

3.

The deceased was driving the motorcycle whereas it is the case of the Claimants that the ST driver was negligent and that is why he sustained injuries and succumbed to them. The grounds which are taken in Appeal are primarily about the negligence and the quantum. The amount is deposited before the MACT - Rajgurunagar-Khed. 4.

Considering the nature of accident and the grounds of the Appeal, there can be an order for 50% withdrawal. Hence the order:-

O R D E R

(i) The Applicants/Claimants are permitted to withdraw 50% of the deposited amount along with the corresponding interest.

(ii) The amount be disbursed by the Tribunal as per the Award on usual undertaking.

2/3

(iii) In view of the above, the Interim Application No.12153 of 2025 is disposed of.

INTERIM APPLICATION NO.15905 OF 2023 1.

There is a delay in filing the Appeal. The delay is opposed. For the reasons stated in the Application, the delay is condoned. The Application is disposed of.

FIRST APPEAL (ST) NO.24927 OF 2023 1.

Issue notice to the Respondents. Learned Advocate for Respondent Nos.1,2 and 3 waives notice.

2.

Call Record and Proceeding.

3.

Stand over to 12th November 2025.

[S. M. MODAK, J.] 3/3