The Maharashtra State Road ... vs Mrs. Sheetal Dnyaneshwar Sawant ...
2023 Latest Caselaw 6977 Bom

2023:BHC-AS:19392


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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO.758 OF 2019
                                                      IN
                                          FIRST APPEAL NO.689 OF 2023

                    THE MAHARASHTRA STATE ROAD TRANSPORT )
                    CORPORATION                          )...APPLICANT

                             V/s.

                    SHEETAL DNYANESHWAR SAWANT & ORS.                    )...RESPONDENTS

                    Mr.Aniket Nangare i/by Mr.N.V.Bhutekar, Advocate for the Applicant.
                    None for the Respondents.

                                               CORAM       :     ABHAY AHUJA, J.

                                               DATE        :     13th JULY 2023

                    P.C. :


                    1.       This is an Interim Application seeking stay on the execution of

                    the impugned judgment and award dated 6 th March 2018 passed by the

                    Motor Accident Claims Tribunal, Mumbai in Motor Accident Claim

                    Petition No.1150 of 2013.


                    2.       Mr.Aniket Nangare, learned Counsel for the Applicant, submits

                    that the entire decretal amount of Rs.68,51,234/- has been deposited in

                    Motor Accident Claims Tribunal, Mumbai and that the stay granted on

                    20th November 2019 be continued till the final disposal of the Appeal.


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 3.       Having heard the learned Counsel and having perused the

 record, let the stay granted on 20 th November 2019 be continued till

 the final disposal of the Appeal.


 4.       Interim Application, accordingly, stands disposed.

                               FIRST APPEAL NO.689 OF 2023

 5.       This is an Appeal impugning the judgment and award dated 6 th

 March 2018 passed by the Motor Accident Claims Tribunal, Mumbai in

 Motor Accident Claim Petition No.1150 of 2013.


 6.       Mr.Aniket Nangare, learned Counsel for the Appellant, would

 submit that this is a case of head-on collision between the ST bus

 owned by the Appellant Corporation and Tavera vehicle in which the

 deceased was travelling, and therefore, the Tribunal ought to have held

 the driver atleast 50% contributory negligent.


 7.       Having heard the learned Counsel and having perused the

 grounds and the impugned decision, the following order is passed :

                                         ORDER

 (i)      Admit.

 (ii)     Registry is directed to call for Record and Proceedings within a

          period of four weeks.

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 (iii)    Let private paper book be filed within a period of four weeks

thereafter with a copy to the other side.

(iv) List on 14th September 2023.

                                          (ABHAY AHUJA, J.)




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