Jagannath Yashwant Gavade And Anr vs Maharashtra State Transport ...
2024 Latest Caselaw 22914 Bom

Bombay High Court

Jagannath Yashwant Gavade And Anr vs Maharashtra State Transport ... on 6 August, 2024

Author: N.R. Borkar

Bench: N.R. Borkar

2024:BHC-AS:31962

                                                                                               6-FA-576-2024.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 10215 OF 2024
                                                              IN
                                               FIRST APPEAL NO. 576 OF 2024


                      Jagannath Yashwant Gavade And Anr.                                 ...Applicants

                                 In the matter between

                      Maharashtra State Transport Corporation,
                      Through Divisional Controller, Satara                              ...Appellant

                                 Versus

                      Jagannath Yashwant Gavade And Anr.                                 ...Respondents
                                                   ....
                      Mr. Vaibhav R. Gaikwad, for the Applicants.
                      Mr. Prathamesh Mandlik, with Mr. Nitesh V. Bhutekar, for the
                      Appellant in FA.

                                                                ....


                                                CORAM    :         N.R. BORKAR, J.

                                                DATE     :         6th AUGUST, 2024

  ARUN                P.C.:
  RAMCHANDRA
  SANKPAL

1. This application by the original claimants/respondents in

the present appeal for withdrawal of the amount of compensation

deposited by the appellant - MSTC pursuant to the impugned

judgment and award.

Arun Sankpal 1 of 2

6-FA-576-2024.doc

2. The only ground on which appeal is filed is contributory

negligence.

3. Considering the facts and circumstances, it would be

appropriate to permit the applicants to withdraw 50% of the

amount of compensation along with accrued interest.

4. The concerned Tribunal shall permit the original

claimants/respondents herein to withdraw 50% of amount of

compensation subject to filing of usual Undertaking by them.

5. The Interim Application is disposed of in the aforesaid

terms.

                                                        (N.R. BORKAR, J.)




  Arun Sankpal                      2 of 2