Bombay High Court
Late Avinash Sumant Saraf Since ... vs Pune Municipal Transport on 28 April, 2021
Bench: S. K. Shinde
15-IA-3109-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3109 OF 2020
IN
FIRST APPEAL NO.2147 OF 2006
Late Avinash Sumant Saraf
Since deceased through
LRs Applicant No.2
THR. POA Niranjan S. Joshi
& Anr. ... Applicants
Vs
Pune Municipal Transport ... Respondents
...
Mr. Gupte Deepak Manohar for the Applicant.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 28, 2021.
(Through Video-Conferencing)
P.C. :
Heard Mr. Gupte, learned counsel for the
applicants/original respondent no.2 in First Appeal No.2147
of 2006. He submits, respondents were served with the
proceedings. Statement is accepted.
2 The Pune Municipal Transport had preferred the
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15-IA-3109-2020.odt
subject First Appeal against the judgment and award dated
18th February, 2006 in M.A.C.P. No. 526 of 2002 drawn by
the Additional Member, Motor Accident Claims Tribunal,
Pune. This Court vide order dated 25th September, 2006
stayed the execution of the award subject to appellant
depositing the decreetal amount in the Trial Court. It
appears that appellant had deposited the decreetal amount
and part of it was withdrawn by the original claimants. It
further appears, balance amount of compensation has been
invested in fxed deposit with the Bank of Maharashtra,
University Main Branch, Pune. Particulars of deposits are at
Page No.12 of the application.
3 On 19th November, 2010, following order was
passed:
"1 Printing is dispensed with. Private
paper book to be fled within a period of one
year from today failing which the appeal will
stand dismissed for non-prosecution without
further reference to the Court."
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4 Office notings show that appellant did not fle
paper-book and as such, the First Appeal was dismissed and
sent to Decree Department.
5 It appears, the appellant/Pune Municipal Transport
has not made any eforts till date to restore the appeal.
6 Pending appeal, respondent no.1-Mr. Avinash
Sumant Saraf passed away on 1 st February, 2019. Original
respondent no.2 is wife of deceased Avinash Saraf.
7 By instant application, the applicant Usha Avinash
Saraf seeks direction to the Member, MACT, Pune to take
appropriate steps to pay the amount of compensation
invested in fxed deposit account of the Bank of
Maharashtra unconditionally and preferably within four
weeks from today.
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8 Thus, in view of conditional order, dated 19 th
November, 2010, appeal stood dismissed. In consideration
of this fact, the Civil Application is allowed. The Motor
Accident Claims Tribunal, Pune shall pay the balance
amount of compensation lying in fxed deposit account with
the Bank of M aharashtra with interest accrued thereon to
Usha Avinash Saraf, unconditionally and preferably within
four weeks from today.
9 Applicant to fle formal application before the
MACT, Pune along with the copy of this order whereafter
the MACT shall take steps to release the amount
accumulated in the subject fxed deposit account.
10 The Application is allowed and disposed of in the
aforesaid terms.
(SANDEEP K. SHINDE, J.)
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