Aruna Achyutrao Deshpande and Ors. vs M.S.R.T.C. through Divin.Controller Beed. — Bombay HC (2026) — LawSathi Research

Aruna Achyutrao Deshpande and Ors. vs M.S.R.T.C. through Divin.Controller Beed. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed: the compensation amount with accrued interest is apportioned — 70% to widow Applicant No.1 Aruna and 10% each to married-daughter Applicants Nos. 2 to 4 — subject to deposit of the deficit court fees; the learned Registrar [J] to transmit the apportioned amounts to the applicants' respective bank accounts within six weeks of their furnishing bank account details to the registry.

Issue for consideration

Whether the Application moved by the Applicants (original claimants) for withdrawal of the compensation amount deposited pursuant to the appellate judgment should be allowed. +1 more

Court's answer

The Application for withdrawal is allowed in the apportionment terms decided, subject to the deposit of the deficit court fees in the Court.

Ratio / Principle

Applicant No.1, Aruna, widow of the deceased, is entitled to 70% of the compensation amount along with accrued interest thereon.

Key takeaways

Applicant Nos. 2 to 4, married daughters of the deceased, are entitled to 10% each of the compensation amount along with accrued interest thereon till the disbursement of the amount.ratio¶21
On deposit of the deficit court fees, the learned Registrar [J] is directed to transmit the amount as apportioned to the respective bank accounts of the applicants within six weeks, on their furnishing their bank account details to the registry.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Abhay J. Mantri, J. (23 April 2026), Civil Application No. 4502 of 2026 in FA/274/2003: Aruna Achyutrao Deshpande and others, original claimants in MACP No.133/1991 against M.S.R.T.C. through Divisional Controller, Beed, sought withdrawal of the compensation of 5,64,200/- deposited in Court on 10-02-2021 (Tribunal award of Rs. 2,05,000/- dated 09-07-1999, enhanced to 5,64,200/- on 23-01-2020 when this Court partly allowed the first appeal). As neither the Tribunal nor the Court had apportioned the amount among the claimants, the Court apportioned it, with accrued interest: 70% to the widow (Applicant No.1, Aruna) and 10% each to the three married daughters (Applicants Nos. 2 to 4). The Application was allowed subject to deposit of the deficit court fees, and the learned Registrar [J] was directed to transmit the apportioned amounts to the applicants' bank accounts within six weeks of their furnishing bank account details.

2026:BHC-AUG:17937

(1) 906ca4502.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

906 CIVIL APPLICATION NO. 4502 OF 2026

IN FA/274/2003

ARUNA ACHYUTRAO DESHPANDE AND ORS.

….Applicants VERSUS

M.S.R.T.C. THROUGH DIVIN.CONTROLLER BEED.

…..Respondent

Mr. S. S. Gargad, Advocate for the Applicants

CORAM : ABHAY J. MANTRI, J. DATE : 23^rd APRIL, 2026

PER COURT :

Heard the learned Advocate for the Applicants/original claimants. Perused the judgment passed by the learned Tribunal as well as this Court and record along with the Application.

At the outset, it appears that the learned Tribunal allowed the Petition bearing MACP No.133/1991 and awarded the amount of Rs. 2,05,000/- by judgment and order dated 09-07-1999. Being dissatisfied with the same, the Applicants have preferred First Appeal No. 274/2003. This Court vide judgment and order dated 2301-2020 partly allowed the Appeal and enhanced the amount, i.e. 5,64,200/-and also directed the Respondent to pay the said amount to the Applicants. Pursuant to the said judgment and order, the

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(2)

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Respondents had deposited the amount in this Court on 10-02-2021. Therefore, the Applicants, original claimants, have moved this Application for withdrawal of the amount.

During the pendency of the proceeding, the Applicant Nos. 2 to 4 got married, and their names have been changed accordingly. From the inquest panchanama, postmortem report and other documents, it is indicated that the name of the deceased was Vasant @ Achutrao Deshpande . It also appears that neither the learned Tribunal nor this court made an apportionment of the amount as to how it would be disbursed amongst the Applicants/claimants. Therefore, I deem it appropriate to apportion the said compensation amount, together with accrued interest thereon, as follows.

(i) Original Claimant/ The applicant No.1, Aruna , is a widow of the deceased, entitled to get 70% of the compensation amount along with accrued interest thereon, and

(ii) Original Claimants/ Applicant Nos. 2 to 4 are married daughters of the deceased entitled to get 10% each of the compensation amount along with accrued interest thereon till the disbursement of the amount.

As a result, the Application is allowed in the above terms,

subject to the deposit of the deficit court fees in the Court.

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(3)

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On deposit of the deficit court fees, the learned Registrar

[J] is directed to transmit the amount as apportioned in para 4 above to the bank account of the applicants respectively within six weeks on their furnishing their bank account details to the registry.

[ABHAY J. MANTRI, J. ]

VishalK/906ca4502.26.odt

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