Bombay High Court
M.S.R.T.C. LTD. T/R DIVISIONAL CONTROLLER, NANDEDversusSAGUNA SITARAM PAWAR AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court condoned the delay, ordered partial transmission of the deposited amount to the MACT with interest, allowed its withdrawal upon undertaking, and disposed the withdrawal application.
Summary
The petitioners sought condonation of a 94‑day delay in filing a first appeal, which the court allowed in the interest of justice. They also applied for withdrawal of the amount deposited by the appellant pursuant to the impugned judgment of the Motor Accident Claims Tribunal (MACT), alleging the Tribunal erred by calculating compensation on the basis of actual and notional income. The court, after hearing both sides, directed that 50% of the deposited amount, with accrued interest, be transmitted to the MACT, Nanded, and permitted the petitioners to withdraw that amount upon furnishing a suitable undertaking. The MACT was instructed not to disburse amounts to minor claimants and to keep such sums in a fixed deposit until the appeal is decided. The application for withdrawal of the amount was consequently disposed of.
Issues considered
- Whether the 94‑day delay in filing the first appeal can be condoned.
- Whether the Motor Accident Claims Tribunal erred in determining compensation by including notional income.
- Whether the deposited amount can be withdrawn pending the outcome of the appeal.
Subjects
- condonation of delay
- motor accident claims tribunal
- withdrawal of deposited amount
- compensation award
- civil procedure
- interest on deposits
Judgment
2026:BHC-AUG:10268
1 31 ca.2690.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
31 CIVIL APPLICATION NO. 2690 OF 2026
IN FAST/36236/2025
SAGUNA SITRAM PAWAR AND ORS
VERSUS
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION LTD
...
Advocate for Applicant : Mr. Vinayak D. Patnurkar.
Advocate for Respondent : Mr. Anand D. Wange.
...
WITH
CIVIL APPLICATION NO. 14082 OF 2025
IN FAST/36236/2025
M.S.R.T.C. LTD. T/R DIVISIONAL CONTROLLER, NANDED
VERSUS
SAGUNA SITARAM PAWAR AND ORS
...
Advocate for Applicant : Mr. Anand Dnyanoba Wange.
Advocate for Respondents: Mr. V. D. Patnurkar.
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.
P.C.:
1 Heard the learned counsel for the parties. Perused the
applications.
Application for condonation of delay:
2 This is an application for condonation of delay of 94 days caused
in filing the first appeal.
3 For the reasons stated in the application, the delay stands
condoned. The application stands allowed in the interest of justice.
2 31 ca.2690.26.odt
Appeal be registered.
Appeal:
4 Issue notice to the respondents, returnable on 5th May, 2026.
Mr. Patnurkar, learned counsel waives notice on behalf of all the
respondents.
5 Call for record and proceedings.
Application for withdrawal of amount:
6 This application is for withdrawal of the amount deposited by the
appellant in this Court as per the impugned judgment and award.
7 The learned counsel for the appellant strongly opposed the
application and submitted that the Tribunal erred while awarding
compensation by determining the income as well as the notional
income, which is not permissible in law. He, therefore, prayed to reject
the application.
8 For the reasons stated in the application and considering the
arguments of both the sides, the following order is passed :-
ORDER
I. The Registry of this Court is directed to transmit 50% of
the amount out of the amount deposited by the appellant
in this Court to the Motor Accident Claims Tribunal,
3 31 ca.2690.26.odt
Nanded, with accrued interest thereon.
II. The applicants are permitted to withdraw the amount
transmitted to the Motor Accident Claims Tribunal,
Nanded, with accrued interest thereon, on furnishing
usual undertaking to the satisfaction of the Motor
Accident Claims Tribunal, Nanded.
III. The Motor Accident Claims Tribunal, Nanded shall not
pay the amount of minor claimants and their amount be
kept in fixed deposit in any nationalized bank till disposal
of the appeal.
IV. With this, the civil application for withdrawal of amount
stands disposed of.
[ SANJAY A. DESHMUKH, J. ]
nga
Checking your session…