Allowed¶26

Priyanka Kaduba Thube and Ors. v. Vijay kadu Suryawanshi and Anr.

Bombay HC10 Jan 2025CA/243/2025

Case brief

AI extract

What is this about?

Interim withdrawal of deposited MACT compensation during pendency of appeal: claimants allowed to withdraw 50% of Rs. 31,11,309/- deposited by MSRTC with accrued interest, conditional on undertaking to redeposit upon adverse order; award of Rs. 27,91,600/- (MACT Aurangabad, MACP 164/2022, dt. 30.10.2023) challenged by MSRTC on contributory negligence and excessive income (Rs. 12,000/- p.m.) grounds; stay application allowed; Coram S. G. Chapalgaonkar, J.; 2025:BHC-AUG:1001.

What did the court decide?

Original claimants permitted to withdraw 50% of the compensation deposited by MSRTC with accrued interest, upon filing an undertaking to the Registrar (J) to redeposit the amount if an adverse order is passed in the appeal; the Corporation's stay application allowed and disposed of. ¶26

Priyanka Kaduba Thube and Ors. Vs Vijay kadu Suryawanshi and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the original claimants are entitled to withdraw the compensation amount deposited by the respondent/MSRTC in pursuance of the Tribunal's award, pending disposal of the appeal. +3 more

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Court's answer

Having considered the submissions and the nature of the dispute in the appeal, the claimants are certainly entitled to withdraw part of the amount as per the award passed by the Tribunal.

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Ratio / Principle

The claimants are permitted to withdraw 50% of the compensation amount deposited by the MSRTC alongwith the accrued interest thereon, subject to their filing an undertaking to the satisfaction of the Registrar (J) that they shall redeposit the amount in case an adverse order is passed in the appeal.

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Key takeaways

The civil application (stay) is allowed and disposed of, it being undisputed that the entire amount as per the Tribunal's award stands deposited with the Registry of this Court.ratio¶32

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (S. G. Chapalgaonkar, J.; January 10, 2025) disposed of Civil Application No. 243 of 2025 in FAST/14941/2024 filed by the original claimants (Priyanka Kaduba Thube and Ors.) seeking withdrawal of the amount deposited by MSRTC pursuant to the award dated 30.10.2023 of the MACT, Aurangabad in MACP No. 164/2022 (Rs. 27,91,600/- with interest; Rs. 31,11,309/- deposited with the Registry). The Court held the claimants entitled to withdraw part of the deposited amount and permitted withdrawal of 50% of the compensation with accrued interest, subject to an undertaking to the Registrar (J) to redeposit the amount in case of an adverse order in the pending appeal, in which the Corporation contests the award on grounds of contributory negligence by the deceased (a motorcycle rider) and excessive income assessment of Rs. 12,000/- p.m. The Corporation's companion stay application (Civil Application No. 12407 of 2024) was allowed and disposed of, the entire awarded amount standing deposited with the Registry without dispute.

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2025:BHC-AUG:1001

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ca 12406+.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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991CIVIL APPLICATION NO.243 OF 2025 IN FAST/14941/2024

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Priyanka Kaduba Thube And Ors

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versus

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Maharashtra State Road Transport Corporation Through Divisional Controller

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Advocate for applicants: Ms. Mangal Vasantrao Manal Advocate for respondent : Mr. D.S. Bagul

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WITH

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CIVIL APPLICATION NO.12407 OF 2024 IN FAST/14941/2024

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Maharashtra State Road Transport Corporation Through

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Divisional Controller

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VERSUS

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Priyanka Kaduba Thube And Ors

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Advocate for Applicant : Mr. D.S. Bagul Advocate for Respondents : Ms. Mangal Vasantrao Manal

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CORAM : S. G. CHAPALGAONKAR, J. Dated : January 10, 2025

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ORDER :-

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(CA for withdrawal of the amount ):-

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The applicants/original claimants are seeking withdrawal of the amount deposited by the respondent/MSRTC in pursuance to the award dated 30.10.2023 passed by the MACT, Aurangabad in MACP no 164/2022.

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ca 12406+.odt

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Undisputedly, deceased Kaduba lost his life in motor vehicular accident involving the bus owned by the Corporation. Tribunal after considering rival contentions and evidence passed an award for Rs.27,91,600/- in favour of the claimants alongwith the interest. Corporation has deposited total amount of Rs.31,11,309/- with the Registry of this Court.

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The Corporation seeks to challenge the award passed by the Tribunal on the ground that deceased himself has contributed in the accident while riding the motorcycle. So also Tribunal has considered excessive income of the deceased @ 12,000/- p.m.

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Having considered submissions advanced and looking to the nature of dispute in this appeal, certainly claimants are entitled to withdraw part of the amount as per the award passed by the Tribunal.

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In that view of the matter, the claimants are permitted to withdraw 50% of the compensation amount deposited by the MSRTC alongwith the accrued interest thereon subject to condition that the applicants files an undertaking to the satisfaction of the Registrar (J) of this Court that they shall redeposit the amount, in case adverse order is passed in appeal and they are required to re-deposit the amount. Application stands disposed off.

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Stay application :-

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Mr. Bagul, learned advocate appearing for the appellant submits that entire amount as per award passed by the Tribunal is deposited with the Registry of this Court.

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ca 12406+.odt

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