Maharashtra State Road Transport ... vs Babita Bhagwan Satpute And Ors
2023 Latest Caselaw 7431 Bom

Vina Khadpe                                   1                     21.fa.191.2023.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                          FIRST APPEAL NO.191 OF 2023

Maharashtra State Road Transport Corporation
Limited , Mumbai through Divisional Controller
MSRTC, Sangli                                  .. Appellant
        V/s
Babita Bhagwan Satpute and ors.                .. Respondents

                               *******
Mr. Aniket Nangave h/f. Mr. D. D. Rananaware for the Appellant.

Mr. Surajsingh Malas i/b. Mr. Kuldeep U. Nikam for the Respondent
Nos.1 and 2.
                              *******

                                         CORAM: ABHAY AHUJA, J.

DATE : 26 July 2023

P.C. :-

1. This Appeal is filed by the Maharashtra State Road Transport

Corporation Limited , Mumbai through Divisional Controller MSRTC,

Sangli, being dissatisfied by the Judgment and Award dated 25 April

2022 passed by the Member, MAC Tribunal & Ad-hoc District Judge 2

Sangli in MACP No.170 of 2019.

2. Mr. Aniket Nangave h/f. Mr. D. D. Rananaware, learned counsel

for the Appellant would submit that the challenge is on two counts, one

Vina Khadpe 2 21.fa.191.2023.doc

on negligence and other on quantum. He would submit that the driver of

the ST Bus was not negligent. He would submit that as far as quantum is

concerned, the respondents were not able to produce any proof of income

and despite that compensation has been awarded.

3. Mr. Surajsingh Malas i/b. Mr. Kuldeep U. Nikam, learned counsel

for respondent nos.1 and 2 opposes the submission made by the learned

counsel for the appellant.

4. Having heard the learned counsel and having perused the First

Appeal, this Court is of the view that interests of justice would be served if

the Appeal is finally heard at the stage of admission.

5. This Court is informed that the R&P has already been received.

6. Accordingly, let the compilation of documents be filed within a

period of four weeks from today.

7. List the matter for final disposal on 23 August 2023 subject to

removal of all office objections.

(ABHAY AHUJA, J.)