MSRTC sought condonation of a 248-day delay in filing a first appeal against a motor accident compensation award, having deposited the full awarded amount. Delay was condoned, execution stayed, and claimants allowed to withdraw 50% of the deposit subject to undertaking.
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1 / 2 33.caf2220.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
FIRST APPEAL (ST) NO. 24522 OF 2023
The Divisional Controller, MSRTC, Nagpur
Vs.
Manju wd/o Bhagwan Gurpude and ors.
---------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.
Mr. Vivek H. Kedar, Advocate for applicant. Mr. Abhijit Rishi, Advocate for respondent Nos.1 to 4.
CORAM : ROHIT W. JOSHI, J.
DATE : 03.02.2025.
Heard.
Civil Application (CAF) No. 2220/2024
This is an application for condonation of delay of 248 days in filing first appeal under Section 173 of the Motor Vehicles Act. The appeal is attributed to administrative procedure which has been explained in paragraph Nos.2 and 3 of the application. The application is not opposed by filing reply.
Prity
same is condoned in the interest of justice. It will also be pertinent to mention that the entire amount as awarded by the learned Tribunal is deposited with this Court which is also a factor for exercising discretion in favour of the applicant. The application is allowed and disposed of accordingly. The delay is condoned.
3. The appeal be registered.
Civil Application (CAF) No.2221/2024
Since the entire amount is deposited, execution of the impugned award is stayed till final disposal of the appeal.
Civil Application (CAF) No.307/2025
The original claimant has moved the present application seeking permission to withdraw the amount deposited by the appellant with this Court. The substantial ground of challenge in the appeal is pertaining to contributory negligence, in such circumstances, it will be appropriate in the interest of justice to permit the respondent Nos.1 to 4 to withdraw 50% of the amount deposited subject to usual undertaking.
(ROHIT W. JOSHI, J.)
Signed by: Mrs. Prity Gabhane Prity Designation: PA To Honourable Judge Date: 05/02/2025 17:04:18
2 issues framed by the court
Whether the 248-day delay in filing the first appeal under Section 173 of the Motor Vehicles Act should be condoned?
Whether the claimant may withdraw part of the amount deposited by the appellant pending appeal?
1 provisions across 1 enactments
The Divisional Controller, MSRTC, Nagpur
Manju wd/o Bhagwan Gurpude and ors.
Rohit W. Joshi
As recorded by the court registry
2 orders share this CNR
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