Girish Narhar Joshi And Anr vs Maharashtra State Road Transport ...
2021 Latest Caselaw 14369 Bom

                                                                       7.1-ia-2650-2021=fast-8835-2021.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 2650 OF 2021
         Digitally
         signed by
                                          (For withdrawal of amount)
         SHRADDHA
SHRADDHA KAMLESH                                      IN
KAMLESH TALEKAR
TALEKAR  Date:
         2021.10.06
                                  FIRST APPEAL (STAMP) NO. 8835 OF 2021
         18:55:53
         +0530        1. Girish Narhal Joshi & Anr.             ... Applicants

                      IN THE MATTER BETWEEN :

                      Divisional Controller, M.S.R.T.C.              ... Appellant
                             Vs.
                      1. Girish Narhar Joshi
                      & Anr.                                          ... Respondents
                      Mr.Pritesh K. Bohade for applicants/respondents.
                      Mr. Nitesh V. Bhutekar for appellant.
                                                       .....
                                                 CORAM         :     N.J. JAMADAR, J.

                                                 DATE          :     4th October, 2021
                      PER COURT :

1. Heard the learned counsel for the applicants-respondents

and the learned counsel for the appellant.

2. This application is preferred to allow the applicants to

withdraw some amount from the remaining amount of

compensation deposited in terms of the judgment and award dated

14th January 2020, passed by the learned Member, Tribunal Nashik,

whereby the appellant was ordered to pay compensation of

Rs.72,57,508/- along with interest @ 7% per annum from the date

of the application till realization.

3. In pursuance of the order dated 28 th June 2021, the

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appellant has deposited the entire amount of compensation along

with interest accrued thereon.

4. The applicants aver that the applicants find it difficult to

sustain themselves in the prevailing circumstances as the deceased

was the bread-winner of the family. The applicants are in their late

fifties.

5. In the backdrop of the situation in life of the applicants, and

the claim that the applicants were dependent upon the deceased

for necessities in life, it would be expedient to allow the applicants

to withdraw a portion of the amount compensation deposited by

the appellant.

6. Hence, the following order :

O RDER

(i) The application stands partly allowed.

(ii) The applicant Nos.1 and 2 are entitled to withdraw 50% of the amount of compensation awarded to each of them along with the interest accrued thereon, subject to furnishing an undertaking before the learned Member, Tribunal Nashik, to bring back the amount in the event it is held that the applicants are not entitled to receive the compensation.

( N.J. JAMADAR, J. )

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