Maharashtra State Road Transport ... vs Kalpana Satyawan Gholap And Anr
2022 Latest Caselaw 4496 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                      FIRST APPEAL NO.375 OF 2022
                                   WITH
                 INTERIM APPLICATION NO.2745 OF 2022


Maharashtra State Road Transport             ..     Appellant
Corporation     through Divisional
Controller, Pune

                       Versus

Kalpana Satyawan Gholap & Anr.               ..     Respondents


                                       ...

Mr.Dhananjayrao D. Rananware with Mr.Manjeet Lotankar for
the Appellant/Applicant.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 27th APRIL, 2022

P.C:-

INTERIM APPLICATION NO.2745 OF 2022

1. By the present application, the applicant is seeking stay to the effect and operation of the impugned Judgment and Award dated 08/03/2021, passed by the M.A.C.T., Khed- Rajgurunagar, District Pune in M.A.C.P. No.85 of 2018.

2. The learned counsel for the M.S.R.T.C. would submit that the appellant has good case on merits, as the Tribunal has

M.M.Salgaonkar

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failed to consider that the deceased was negligent in driving the motorcycle and has contributed to the accident.

He has instructions to make a statement that the M.S.R.T.C. is ready and willing to deposit the entire amount of compensation alongwith interest levied by the Tribunal, calculated upto 31/03/2022, within a period of eight (8) weeks from today.

Subject to the aforesaid deposit, there shall be stay to the effect and operation of the impugned judgment.

FIRST APPEAL NO.375 OF 2022

3. Issue notice to the respondents, making it returnable on 11/07/2022.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar