Bombay High Court
Maha. State Road Transport Corp. ... vs Smt. Kalyani Wd/O Bhagwat Rothe ... on 6 August, 2021
Bench: Pushpa V. Ganediwala
1 34 caf1211.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (F) NO.1211 OF 2020 IN
FIRST APPEAL STAMP NO.8167 OF 2020
M.S.R.T.C. through its Divisional Controller, Buldhana
Vs.
Smt. Kalyani Wd/o Bhagwat Rothe (Patil) and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri V.P. Panpalia, Advocate for appellant.
Shri A.J. Thakkar, Advocate for respondent nos.1 to 5.
CORAM : PUSHPA V. GANEDIWALA, J.
DATE : 6th AUGUST, 2021.
Heard.
2. This is an application for condonation of delay
caused in filing the appeal.
3. Perused the application. Considering the reasons
mentioned in para 3 of the application, delay of 215 days is
condoned. Appeal be registered.
4. The application stands disposed of.
FIRST APPEAL STAMP NO.8167 OF 2020
5. Heard.
6. ADMIT.
2 34 caf1211.20.odt
7. Shri A.J. Thakkar, learned counsel waives service
of notice on behalf of respondent nos.1 to 5.
8. Stay granted on 06.10.2020 to continue, until
further orders.
9. Call for record and proceedings.
CIVIL APPLICATION (F) NO.1493 OF 2021
10. Heard.
11. This is an application for withdrawal of
Rs.15,00,000/- out of the amount deposited by M.S.R.T.C.
with the Registry.
12. Learned counsel for the applicants/respondents
submitted that respondent no.1 is the wife of deceased while
respondent nos.2 and 3 are his minor children. Respondent
nos.4 and 5 are stated to be parents of the deceased.
13. Learned Member, Motor Accident Claims
Tribunal, Khamgaon by judgment and order dated
24.10.2019 passed in Motor Accident Claim Petition No.54
of 2015 directed the appellant/MSRTC to pay amount of
Rs.28,87,500/- to the claimants/respondent nos.1 to 5
jointly and severally with 9% interest per annum from the
date of application till realization of the amount.
3 34 caf1211.20.odt
14. Learned Tribunal has apportioned the aforesaid
amount, Rs.12,87,500/- to the claimant no.1 and
Rs.3,00,000/- each to the parents of the deceased i.e.
claimant nos.4 and 5. Out of the remaining amount
Rs.5,00,000/- each directed to be deposited under fixed
deposit in any Nationalized bank in the names of minor
claimant nos.2 and 3.
15. Ad interim stay to the execution and operation to
the aforesaid judgment and order has been granted by this
Court vide order dated 06.10.2020.
16. Learned counsel for the applicants/claimants
stated that due to pandemic situation claimants; wife, minor
children and aged parents of the deceased are suffering
financial hardship. He submitted that deceased was the sole
bread earner in the family.
17. In view of above, applicant no.1 for herself and
on behalf of her minor children; applicant nos.2 and 3 is
permitted to withdraw Rs.11,00,000/- while applicant nos.4
and 5 are permitted to Rs.4,00,000/- from the deposited
amount with interest accrued thereon, on furnishing usual
undertakings.
18. The application stands disposed of.
JUDGE
Wagh
