Bhushan Ratan Dhatrak And ANR. v. Maharashtra State Road Transport Corp. Thr. Divisional Manager

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1725 OF 2025 WITH INTERIM APPLICATION NO.12497 OF 2025 WITH INTERIM APPLICATION NO.10483 OF 2025 Maharashtra State Road Transport Corporation Thr. Divisional Controller ...Appellant

Versus

Bhushan Ratan Dhatrak & Anr.

...Respondents

Mr. Manjeet Lasunkar, i/b Rananaware Dhananjayrao D, for the Appellant.

Mr. Pritesh Bohade, for the Applicants in IA 12497/2025.

CORAM:

R. M. JOSHI, J.

DATED:

12th MARCH, 2026.

PC:- INTERIM APPLICATION NO.12497 OF 2025 1.

Mr. Pritesh Bohade, learned counsel, waives notice on behalf of the Applicants/Original Claimants in the Appeal. 2.

This Application is for withdrawal of the compensation amount deposited by the Appellant in this Court pursuant to

the order dated 28th July 2025 passed in Interim Application No.10483 of 2025.

3.

Learned counsel for the Applicants submits that this is a fit case for permitting the Applicants to withdraw the entire amount deposited.

4.

This contention is opposed by the learned counsel for the Appellant contending that the Appellant has raised issues with regard to negligence of the deceased in occurrence of the accident so also quantum.

5.

Having regard to the grounds of Appeal, it would not be possible to permit the Applicants to withdraw entire amount of compensation, however, there would not be impediment in permitting the Applicant to withdraw 50% of the amount deposited.

6.

The Application stands partly allowed.

7.

The Applicants would be entitled to receive 50% amount deposited by the Appellant along with the interest accrued thereon on usual undertakings.

FIRST APPEAL NO.1725 OF 2025 8.

By consent of both sides to be heard finally, stand over to 24th April 2026.

(R. M. JOSHI, J.) { Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2026.03.13 12:21:37 +0530 SHAMBHAVI NILESH SHIVGAN