Rekhabai Ramkrushna Gajbhiye v. Ashok Gopal Ladse And Others

2026:BHC-NAG:6782 31.caf.3741.25 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2061 of 2026 in First Appeal St. No.22180 of 2025 Rekhabai Ramkrushna Gajbhiye vs.

Ashok Gopal Ladse and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Raunak Kurani, Advocate for the Applicant/Appellant. Ms. Radha Mishra h/f Mr. S.R. Chakrawarthi, Advocate for Non-Applicant/Respondent Nos.2 to 4.

CORAM

: Y.G. KHOBRAGADE, J.

DATE : 29 th APRIL, 2026.

Heard Mr. Raunak Kurani, learned Counsel appearing for the applicant and Ms. Radha Mishra, learned Counsel appearing for nonapplicant Nos.2 to 4/original claimants at length. 02.

By the present application, the applicant, who is the owner of the tractor involved in the accident, prays for stay to the effect, operation and execution of the judgment and award dated 13/09/2022 passed in MACP No.969/2016 by the learned Member, M.A.C.T.-2, Nagpur. 03.

Under the impugned judgment and award, the present nonapplicant Nos.2 to 4 are held entitled to receive compensation of Rs.15,56,500/- (inclusive of 'no fault liability' under Section 140 of the Motor Vehicles Act) with interest @ 7.5% per annum from the date of petition till its realization.

04.

The learned Counsel appearing for the applicant submits that though the appellant/applicant was the owner of the tractor involved in the accident, but the said tractor was sold to M/s. Laxmi Agro Steel Industries. However, the applicant has not brought any material on

31.caf.3741.25 2/2 record to show that the ownership of the said tractor was reported to the concerned R.T.O. Therefore, the applicant cannot deny her liability for payment of compensation. The learned Counsel for the applicant further submits that the applicant is ready and willing to deposit Rs.10,00,000/- out of the amount of compensation and as such, the learned Counsel appearing for non-applicant Nos.2 to 4 consents to the said deposit. 05.

Therefore, the effect, operation and execution of the impugned judgment and award is hereby stayed subject to deposit of Rs.10,00,000/- by the applicant before this Court within a period of two months from today.

06.

The civil application is disposed of accordingly. 07.

Stand over to 24th June, 2026.

JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 30/04/2026 21:03:09