Smt Kajal Ranjitkumar Yadav v. Maharashtra State Board Transport Corporation

9-fast-533-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1524 OF 2026 IN FIRST APPEAL (ST) NO. 533 OF 2026 Smt Kajal Ranjitkumar Yadav ..

Appellant/Applicant V/s.

Maharashtra State Road Transport Corporation ..

Respondent ------------------- Mr. Suraj Sulambe i/by Amit Gharte, for the Appellant. Mr. Nikhil Mehta i/by KMC Legal Venture, for the Respondents. -------------------- VARSHA DEEPAK GAIKWAD

CORAM

:

R.M. JOSHI, J.

DATE :

27TH FEBRUARY 2026.

VARSHA DEEPAK GAIKWAD Date: 2026.03.05 12:54:38 +0530 PC:

1.

This application is filed by the original - claimant for withdrawal of the amount of compensation deposited by the appellant in connection with Judgment and Award dated 11th December 2024 in Application No. 854 of 2021.

2.

Learned counsel for the applicant submits that the present appeal has been filed only on quantum. It is his submission that the liability of payment of compensation by the owner and insurer is not in dispute. 3.

Learned counsel for the appellant-MSRTC submits that the the appellant has taken exception to the Judgment and Award not only on the ground of quantum as also on the ground of contributory varsha

9-fast-533-2026.doc negligence of the deceased in accordance of the Act. 4.

Learned counsel for the appellant opposes application. 5.

Since the liability of payment of compensation is not in dispute, it would be in the interest of justice that the applicant- original claimant is permitted to withdraw 50% amount with accrued interest. 6.

Hence, the following order:

ORDER

i) Claimant-applicant is permitted to withdraw 50% amount with accrued interest thereon on usual undertaking. ii) The application stands disposed of in the above terms. (R.M. JOSHI, J) varsha