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Bombay High Court

ASHATAI SAMPAT PUJARI AND ANR.versusMAHARASHTRA RAJYA PARIVAHAN MAHAMANDAL THR. ITS. DIVISIONAL CONTROLLER,SATARA

Disposal
Disposed Off

Holding

The court held that the applicant may withdraw only 70% of the deposited amount with interest, subject to an undertaking, and the balance must be invested in a nationalized bank.

Summary

The applicants, parents of a deceased earning member, sought withdrawal of Rs.24,00,473 deposited by the Maharashtra Rajya Parivahan Mahamandal. The respondent contested, arguing that the claim was barred by non‑joinder of necessary parties, lacked proof of income, and that the award was excessive and involved contributory negligence. The court considered these submissions and held that while the applicants were entitled to relief, granting the entire amount would be unjust. Consequently, the court allowed the applicants to withdraw 70% of the amount with accrued interest, subject to an undertaking satisfactory to the presiding officer of the jurisdictional tribunal. The balance 30% was ordered to be invested in a nationalized bank, and the interim application was allowed in part.

Issues considered

  • Whether the applicant is entitled to withdraw the entire amount deposited by the respondent
  • Whether the claim is barred by non‑joinder of necessary parties
  • Whether the compensation awarded is excessive and arbitrary
  • Whether contributory negligence affects the entitlement to the full amount

Subjects

  • interim relief
  • withdrawal of compensation
  • non‑joinder
  • contributory negligence
  • partial award
  • interest
  • bank investment

Judgment

                                                                                   38-IA-1151-2026=.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                          CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO. 1151 OF 2026
        Digitally
                                                             IN
        signed by
        UDAY                                    FIRST APPEAL NO. 151 OF 2026
UDAY    SHIVAJI
SHIVAJI JAGTAP
JAGTAP Date:
        2026.09.01   Ashatai Sampat Pujari and Anr.                             … Applicants
        12:23:56
        +0530
                                      Vs.
                     Maharashtra Rajya Parivahan Mahamandal Thr. Its.           … Respondent
                     Divisional Controller, Satara
                                                    ………….
                     Mr. Saiprasad S. Patil a/w Mahesh Jadhav for the Applicants
                                                    ………….
                                                         CORAM : SHAILESH P. BRAHME, J.

                                                         DATE       : 29th AUGUST, 2026.
                     P. C. :

                     .         Heard both sides.

                     2.        The applicant seeks to withdraw the amount of Rs.24,00,473/-

                     deposited by the respondent.

                     3.        The amount is sought to be withdrawn for the reasons stated in the

                     application which are not controverted. It is submitted that the deceased

                     was the earning member of the family and the quantum arrived at by the

                     Tribunal is just and reasonable.

                     4.        The application is contested by the learned counsel for the

                     respondent on the ground that the claim is barred by non-joinder of



                     Uday S. Jagtap                        1 of 2
                                                             38-IA-1151-2026=.doc



necessary parties.      There is absolutely no proof of income and the

compensation awarded is exorbitant and arbitrary. It is further to be

stated a case of contributory negligence.

5.       Considering the submission of the respondent, I am not inclined to

permit the applicant to receive the entire amount. The applicants are the

parents who lost their son and ends of justice would meet in permitting

the applicant to withdraw 70% of the amount.

6.       The application is allowed partly by permitting the applicant to

withdraw 70% of the amount with accrued interest on furnishing the

undertaking to the satisfaction of the Presiding Officer of jurisdictional

Tribunal. The balance amount shall be invested in the nationalized bank.



FIRST APPEAL NO. 151 OF 2026

7.       Admit.

8.       Call for record and proceedings.

9.       It would be open for the parties to file compilation of documents.

10.      The final hearing is expedited.


                                              ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                       2 of 2


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