Gangubai Fakira Mali And Ors vs The Maharashtra State Road ...
2021 Latest Caselaw 6664 Bom

                                             909. IA 1053-2021 in FA St.22127-2019.doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                     Interim Application No. 1053 / 2021
                                      in
                    First Appeal Stamp No. 22127 / 2019


Gangubai Fakira Mali and Ors.                                .. Applicants
         Vs.
The Maharashtra State Road Transport
Corporation Through Its. Divisional Manager                  .. Respondent



                                      ****

Mr. Pritesh K. Bohade, Advocate for the Applicants. Mr. Nitesh Bhutekar, Advocate for Respondent (Original Applicant).

                                      ****

                                CORAM    : SANDEEP K. SHINDE J.
                                DATE      : 23rd APRIL, 2021.
                                  (Through Video Conference)
P.C. : -

         Heard.

1. Feeling aggrieved by the judgment and award dated 2 nd March,

2019 passed by the Motor Accident Claims Tribunal, Nashik in MACP

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909. IA 1053-2021 in FA St.22127-2019.doc

No. 928/2017 inter-alia awarding a compensation of Rs. 9,12,000/-

with interest at the rate of 9% per annum, the Maharashtra State

Road Transport Corporation (MSRTC) has preferred the First Appeal.

2. Original Claimants i.e. Widow, her two minor children and

mother of deceased, are seeking leave to withdraw the amount of

compensation, deposited by the MSRTC in the M.A.C.T., Nashik. The

application is vehemently opposed by the Counsel for the MSRTC.

3. Deceased was in the employment of MSRTC. He died in

vehicular accident in June, 2017. As it appears, the Applicant No.1

has no independent source of income to look after her two minor

children and aged mother-in-law.

4. The appeal preferred by MSRTC alongwith an application for

condonation of delay is pending for consideration before this Court

and obviously is not likely to be heard finally in the near future.

5. In consideration of the facts of the case, the financial

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909. IA 1053-2021 in FA St.22127-2019.doc

constraints of the Applicants and their age, the request by them for

withdrawing the amount of compensation is reasonable. As such, the

Applicant No.1 Gangubai Fakira Mali, is permitted to withdraw the

sum of Rs. 2 Lacs and Thakubai Baburao Mali (mother of deceased) is

permitted to withdraw Rs. 50,000/-.

6. Gangubai Fakira Mali and Thakubai Baburao Mali, shall file an

Undertaking that in the event, the appeal is allowed, they shall bring

back the amount of compensation withdrawn by them with interest

at the rate of 4 % per annum.

7. On a formal application being preferred by Gangubai Fakira Mali

and Thakubai Baburao Mali, Member of MACT, shall process and pass

the appropriate order.

8. The Civil Application is allowed in the aforesaid terms and

disposed of accordingly.

                                         (SANDEEP K. SHINDE, J.)

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