Disposed

The Divisional Controller, Maha. State Road Transport Corporation, Nagpur v. Manju Wd/O Bhagwan Gurpude and Others

Bombay HC30 Jul 2024CAF/2221/2024

Case brief

AI extract

What is this about?

MSRTC sought condonation of 248 days' delay in filing a first appeal against a motor accident compensation award, citing administrative procedure; the full awarded amount was already deposited. Delay was condoned, execution stayed, and claimants permitted to withdraw 50% of the deposit on undertaking.

What did the court decide?

Delay condoned; appeal to be registered; execution of award stayed; respondent Nos.1-4 permitted to withdraw 50% of deposited amount subject to usual undertaking.

The Divisional Controller, Maha. State Road Transport… — Motor Accident Claims | Bombay HC (2024)

¶1

1 / 2 33.caf2220.2024

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶3

FIRST APPEAL (ST) NO. 24522 OF 2023

¶4

The Divisional Controller, MSRTC, Nagpur

¶5

Vs.

¶6

Manju wd/o Bhagwan Gurpude and ors.

¶7

---------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

¶8

Mr. Vivek H. Kedar, Advocate for applicant. Mr. Abhijit Rishi, Advocate for respondent Nos.1 to 4.

¶9

CORAM : ROHIT W. JOSHI, J.

¶10

DATE : 03.02.2025.

¶11

Heard.

¶12

Rule.

¶13

Call for record and proceedings.

¶14

Civil Application (CAF) No. 2220/2024

¶15

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.

¶16

In view of the reasons mentioned in the application, although the learned counsel for respondent Nos.1 to 4 opposes the application, the

¶17

Prity

¶18

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.

¶19

3. The appeal be registered.

¶20

Civil Application (CAF) No.2221/2024

¶21

Since the entire amount is deposited, execution of the impugned award is stayed till final disposal of the appeal.

¶22

Civil Application (CAF) No.307/2025

¶23

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.

¶24

The civil application is disposed of.

¶25

(ROHIT W. JOSHI, J.)

¶26

Signed by: Mrs. Prity Gabhane Prity Designation: PA To Honourable Judge Date: 05/02/2025 17:04:18

The Divisional Controller, Maha. State Road Transport Corporation, Nagpur v. Manju Wd/O Bhagwan Gurpude and Others

Case brief

What is this about?

What did the court decide?

The Divisional Controller, Maha. State Road Transport Corporation, Nagpur v. Manju Wd/O Bhagwan Gurpude and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

The Oriental Insurance Co. Ltd., Thr Its Divisional Manager, Amravati Thr. Manager, Nagpur vs Smt. Varsha Onkarrao Fating and Others

The Oriental Insurance Co. Ltd., Thr Its Divisional Manager, Amravati Thr. Manager, Nagpur vs Smt. Varsha Onkarrao Fating and Others

Rakesh Wamanrao Durugkar vs Wamanrao Chandrabhan Durugkar

The Divisional Controller, Maha. State Road Transport Corporation, Nagpur vs Manju Wd/O Bhagwan Gurpude and Others

Durgabai Uttamrao Thorat vs Laxminarayan Sansthan Achalpur through Its President Ratanlal Bhuramal Tambi and others

Mirza Aslam Kalim Baig and Others vs Shamlal Baijyanath Gupta