Allowed

Saguna Kashinath Bhoye and Ors. v. Maharashtra State Road Transport Corporation through Divisional, Raigad

Bombay HC11 Jul 2023IA/13275/2023

Case brief

AI extract

What is this about?

The Court allowed the withdrawal of 50% of the security deposit made by the appellant Corporation before the Motor Accident Claims Tribunal, subject to an undertaking to restore the amount with interest if the appeal succeeds.

What did the court decide?

Allowed withdrawal of 50% of the deposited amount with an undertaking to return the balance with interest if the appeal succeeds.

Saguna Kashinath Bhoye and Ors. Vs Maharashtra State… — Motor Accident Claims | Bombay HC (2023)

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1 4 ia 13275-23 in fa 693-23-c.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.13275 OF 2023
IN

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FIRST APPEAL NO.693 OF 2023

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Saguna Kashinath Bhoye and ors....APPLICANTS
In the matter between :-
Maharashtra State Road Transport
Corporation, Raigad.… APPELLANT

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V/s.
Saguna Kashinath Bhoye and ors.… RESPONDENTS

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Ms.Neha Nagotanekar, Advocate for the Applicants/Respondents.
Mr.Manjeet Lotankar i/by Mr.D.D.Rananaware, Advocates for the
Appellant.

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CORAM :ABHAY AHUJA, J.
DATE :11 JULY, 2023.

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P.C.:

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1. This is an application seeking withdrawal of the amount deposited

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by the Appellant - Maharashtra State Road Transport Corporation before

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the Motor Accident Claims Tribunal, Alibag, Raigad.

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2. Learned counsel for the Applicants submits that the deceased was a

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1 of 3

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Priya R. Soparkar

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2 4 ia 13275-23 in fa 693-23-c.doc

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pedestrian and the ST bus belonging to the Appellant-Corporation
dashed against the deceased leading to his death. She would submit that
the deceased was only 44 years at that time and his income was
Rs.70,000/- per month being employed with Maharashtra State Electricity
Distribution Company Limited. Learned counsel submits that the
Applicants are the heirs/ legal representatives of the deceased and are in a
need of money. She would submit that the Applicants are doing labour
work and the income is not sufficient to meet all expenses of the family.
Learned counsel submits that therefore the entire amount be allowed to
be withdrawn.

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3.Mr.Manjeet Lotankar, learned counsel for the Appellant/
Corporation opposes the submissions that the entire amount be permitted
to be withdrawn as the Corporation has good case on merits.

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4.Having heard the learned counsel and having perused the
application, this court is of the view that interests of justice would be
served if 50% of the amount is allowed to be withdrawn.

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5. Let 50% of the amount deposited by the Appellant – Maharashtra

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2 of 3

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Priya R. Soparkar

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3 4 ia 13275-23 in fa 693-23-c.doc

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Accident Claim Tribunal, Alibag, Raigad allowed to be withdrawn by the
Applicants in the manner and proportion contained in clauses (iii) and
(iv) of paragraph No.26 of the impugned order dated 13th December,
2021 subject to an undertaking that in the event the appeal is allowed, the
said amounts will be brought back alongwith interest within a period of
four weeks.

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6. Application stands allowed in the above terms.

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(ABHAY AHUJA, J.)

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3 of 3

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Priya R. Soparkar

Saguna Kashinath Bhoye and Ors. v. Maharashtra State Road Transport Corporation through Divisional, Raigad

Case brief

What is this about?

What did the court decide?

Saguna Kashinath Bhoye and Ors. v. Maharashtra State Road Transport Corporation through Divisional, Raigad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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