Maharashtra State Road Transport ... vs Jyoti Arun Patil
2022 Latest Caselaw 2722 Bom

                                 1/2                      26 IA-1190-22.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO.1190 OF 2022
                                       IN
                       FIRST APPEAL NO.210 OF 2022


Maharashtra State Road Transport
Corporation through the Divisional
Controller, Thane                            ..     Applicant

                       Versus

Jyoti Arun Patil                             ..     Respondent


                             ...
Ms.Ayodhya Patki i/b Mr.Nitesh V. Bhutekar for the Applicant/
Appellant.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 21st MARCH, 2022

P.C:-

1. Heard the learned counsel for the applicant/appellant and perused the appeal memo as well as Interim Application NO.1190 of 2022.

The appeal is fled against the Judgment & Award dated 04/12/2020 passed by the M.A.C.T., Kalyan in M.A.C.P. No.211 of 2012, making the applicant to pay compensation to the tune of Rs.14,08,880/- to the respondent/claimant alongwith interest at the rate of 7.5% p.a. from the date of fling of petition till it's fnal realization.

M.M.Salgaonkar





                                  2/2                  26 IA-1190-22.doc

2. The learned counsel for the applicant states that the applicant has good case on merits, since the Tribunal has failed to consider the factual scenario and has held that there was no negligence on part of the deceased, but only the driver of the vehicle which was insured with the applicant, was responsible for the accident.

She states that the applicant is ready to deposit the entire amount of compensation alongwith the interest calculated upto 28/02/2022, within a period of four weeks from today.

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

FIRST APPEAL NO.210 OF 2022

3. Issue notice to the respondent/claimant, making it returnable on 18/04/2022.

4. Hamdast permitted.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar