Anand Changan Omabase vs Maharashtra State Road Transport ...
2024 Latest Caselaw 14584 Bom

Bombay High Court

Anand Changan Omabase vs Maharashtra State Road Transport ... on 7 May, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

          2024:BHC-AS:21334-DB
RAMESHWAR
LAXMAN
DILWALE

Digitally signed by
                      17-IA-6811-24 IN FAST-28958-23.doc                                         Rameshwar Dilwale
RAMESHWAR
LAXMAN DILWALE
Date: 2024.05.08
14:30:23 +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.6811 OF 2024
                                                              IN
                                              FIRST APPEAL (ST) NO.28958 OF 2023
                      Anand Changan Omabase                                     ...Applicant

                      IN THE MATTER BETWEEN

                      Maharashtra State Road Transport Corporation              ..Appellant
                                 Vs.
                      Anand Changan Omabase & Anr.                              .. Respondents


                                                          ...

Mr. Aniket Nangare i/by Mr. Nitesh Bhutekar, Advocates for the Appellant. Ms. Manisha Devkar a/w Ms. Siddhi Patil, Mr. Shankar Katkar, Advocates for the Applicant/Respondents.

...

                                                 CORAM : A.S. CHANDURKAR &
                                                         JITENDRA JAIN, JJ
                                                  DATE     :   7th MAY 2024.
                      P.C. :

1. By this application, the claimant seeks leave to withdraw the

amount of compensation deposited by the original appellant. We have

perused the judgment of the Motor Accident Claims Tribunal and we have

heard the learned counsel for the parties. Prima facie, considering the

nature of injuries suffered by the claimant coupled with the deposition of

the Doctor-PW2, we are inclined to permit the claimant to withdraw an

amount of Rs. 25,00,000/- subject to outcome of the first appeal. The

claimant shall file an undertaking in this Court within a period of eight

17-IA-6811-24 IN FAST-28958-23.doc Rameshwar Dilwale

weeks from today stating therein that if the award passed by the Motor

Accident Claims Tribunal is set aside or the amount of compensation is

reduced below Rs. 25,00,000/- he shall deposit the requisite amount in

this Court as and when directed by the Court.

2. The Interim application is disposed of in aforesaid terms.

 [ JITENDRA JAIN, J]                           [A.S. CHANDURKAR, J. ]