Bombay High Court
Gorkah Harishchandra Gaikwad vs Maharashtra State Regional Transport ... on 4 October, 2025
2025:BHC-AUG:27891
(1) ca10965.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
936 CIVIL APPLICATION NO. 10965 OF 2025
IN FA/664/2025
GORKAH HARISHCHANDRA GAIKWAD
VERSUS
MAHARASHTRA STATE REGIONAL TRANSPORT CORPORATION
WITH
CIVIL APPLICATION NO. 12322 OF 2024
IN FA/664/2025
MAHARASHTA STATE ROAD TRNSPORT CROPORETION CHH SAMBHAJI NAGAR
VERSUS
GORAKH HARISHCHNADER GAIKWAD AND ANR
938 CIVIL APPLICATION NO. 10974 OF 2025
IN FAST/31076/2024
SUHAS GOKUL TUPE MINOR THROUGH GUARDIAN GOKUL LAXMAN TUPE
VERSUS
MAHARASHTRA STATE REGIONAL TRANSPORT CORPORATION
WITH
CIVIL APPLICATION NO. 12319 OF 2024
IN FAST/31076/2024
MAHARASHTRA STATE REGIONAL TRANSPORT CORPORATION CHH SAMBHAJI NAGAR
VERSUS
SUHAS GOKUL TUPE AND ANR
WITH
CIVIL APPLICATION NO. 12320 OF 2024
IN FAST/31076/2024
MAHARASHTRA STATE REGIONAL TRANSPORT CORPORATION CHH SAMBHAJI NAGAR
VERSUS
SUHAS GOKUL TUPE AND ANR
Mr. A.R. Kawade, Advocate for the claimants.
Mr. D.S. Bagul, Advocate for Transport Corporation.
CORAM : KISHORE C. SANT, J.
DATE : 04.10.2025
PC :-
CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT
01. These applications are filed for withdrawal of amount
deposited by the appellant/insurance company in the office of this Court
(2) ca10965.25
towards compensation, as awarded by the learned Member, Motor
Accident Claims Tribunal, Aurangabad.
02. The applications are vehemently opposed by the learned
Advocate for Transport Corporation. He submits that there are good
grounds involved in the appeal. The accident took place of a motor-cycle
being driven by the appellant - Gorakh. He was carrying three persons
on the motor-cycle i.e. in breach of condition. He further submits that
notional income considered of Rs. 8000/- is on higher side.
03. Heard the learned Advocates for the parties. Considering
that the applicants are the persons, who received injury, this Court is
inclined to allow these applications.
04. These Civil Applications are partly allowed. The applicants
are entitled to receive 50% of the deposited amount along with accrued
interest on furnishing usual undertaking. 25% of the deposited amount
along with accrued interest shall be permitted to be withdrawn on
furnishing solvent surety/security to the satisfaction of learned Registrar
(Judicial) of this Court. Remaining amount shall be invested in fixed
deposit of any nationalized bank, to be renewed from time to time, till
disposal of the appeals.
CIVIL APPLICATIONS FOR STAY
01. Since the appellant-applicant has already deposited entire
amount as per impugned judgment and award, in the office of this Court,
(3) ca10965.25
there shall be stay to the impugned judgment and award till decision of
the appeal.
02. The Civil Applications for stay accordingly stand disposed off.
CIVIL APPLICATION FOR CONDONATION OF DELAY
01. This application is filed for condonation of delay caused in
filing appeal.
02. For the reasons stated in the application, the delay stands
condoned. This Civil Application is accordingly allowed and is disposed
off.
[KISHORE C. SANT, J.]
snk/2025/Oct25/ca10965.25
