Bombay High Court

MOHABBAT ILAHI KHALIF AND ORS.versusTHE DIVISIONAL MANAGER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

Disposal: Allowed

Holding

The court allowed the interim applications in part, permitting the applicants to receive 60% of the deposited compensation with interest, subject to an undertaking, and ordered the balance to be invested in a nationalized bank.

Summary

The applicants, dependents of deceased road accident victims, filed interim applications seeking withdrawal of the compensation amounts of Rs.16,95,522 and Rs.18,88,339 deposited by the Maharashtra State Road Transport Corporation (MSRTC) along with accrued interest. They argued that the families faced hardship and that the notional income used to calculate the compensation was not excessive. The respondent corporation contended that the case involved contributory negligence and that the quantum of compensation was exorbitant. The court noted that the issues could be fully examined during the pending appeals but, in the interest of the applicants, allowed them to receive 60% of the deposited amounts with interest, subject to an undertaking, while the balance would be invested in a nationalized bank. The interim applications were therefore allowed in part and disposed of.

Issues considered

Whether the applicants are entitled to withdrawal of the full compensation deposited by the respondent
Whether the notional income calculation for the deceased is excessive
Whether contributory negligence of the deceased affects the quantum of compensation
Whether a partial release of 60% of the compensation with interest is appropriate pending the final determination of the appeals

Subjects

death claim
compensation
notional income
contributory negligence
interim relief
MSRTC
family hardship

Judgment

47 & 48-IA-1232-2026-C=.doc

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

(Sr. No. 47) INTERIM APPLICATION NO. 1232 OF 2026
WITH
INTERIM APPLICATION NO. 10980 OF 2025 (STAY)
IN
Digitally FIRST APPEAL NO. 1630 OF 2025
signed by
UDAY UDAY SHIVAJI
JAGTAP
SHIVAJI Date:
JAGTAP 2026.09.11
19:26:20
Mohabbat Ilahi Khalif and Ors. … Applicants
+0530

Vs.
The Divisional Manager, Maharashtra State Road … Respondent
Transport Corporation

ALONG WITH
(Sr. No.48) INTERIM APPLICATION NO. 1233 OF 2026
WITH
INTERIM APPLICATION NO. 10978 OF 2025 (STAY)
IN
FIRST APPEAL NO. 1628 OF 2025

Rupali Dhondiram Kothawale and Anr. … Applicants
Vs.
The Divisional Manager, Maharashtra State Road … Respondent
Transport Corporation

………….

Mr. Umesh Pawar for the Applicants
Mr. Dhananjay Rananaware a/w Samarth Chavan, Shubham Dhobale for
the Respondent – MSRTC
………….
CORAM : SHAILESH P. BRAHME, J.

DATE : 10th SEPTEMBER, 2026.
P. C. :

Uday S. Jagtap 1 of 4
47 & 48-IA-1232-2026-C=.doc

I. A. NOS. 1232 OF 2026 & 1233 OF 2026

. Heard both sides.

2. The applications have been filed seeking withdrawal of the amount

of Rs.16,95,522/- in the First Appeal No. 1630 of 2025 and

Rs. 18,88,339/- in First Appeal No. 1628 of 2025 with accrued interest,

deposited by the respondent – Corporation.

3. The dependents who are the claimants before this Court seeking

withdrawal of amount on the grounds stated in the applications. The

families of the victims are facing hardship and the deceased were their

source of income at the relevant time.

4. It is contended that notional income is considered at a very lower

side. The applicants are entitled to enhancement but they have not

preferred any independent application.

5. Learned counsel for the respondent – Corporation submits that it is

a case of contributory negligence. The deceased were riding a motorcycle

which met with an accident. Already the quantum is exorbitant and

unreasonable because that is unfounded.

6. It is a case of death claim. The applicants are blood relatives and

they have lost their love ones. The quantum arrived at is founded on

Uday S. Jagtap 2 of 4
47 & 48-IA-1232-2026-C=.doc

notional income of the deceased persons. Prima facie, the notional

income cannot be said to be exorbitant.

7. Learned counsel for both the sides have raised contentious issues

which can be gone into during the course of hearing of the appeals, till

then, the need of the applicants cannot be overlooked. It would be

appropriate to permit the applicants to receive 60% of the compensation

with interest.

8. The applications are allowed partly permitting the applicants to

receive 60% of the amount with accrued interest upon furnishing the

undertaking to the satisfaction of the jurisdictional Tribunal. The balance

amount shall be invested in a nationalized bank.

FIRST APPEAL NOS.1630 OF 2025 AND 1628 OF 2025

9. Admit.

10. Mr. Rananaware, learned counsel waives notice for respondent

no1. - Corporation.

11. Call for record and proceedings.

12. Print is dispensed with.

13. The parties shall be at liberty to file private paper book or

compilation of documents.

Uday S. Jagtap 3 of 4
47 & 48-IA-1232-2026-C=.doc

I.A. NOS. 10980 OF 2025 AND 10978 OF 2025

14. As the amount is deposited pursuant to the order of this Court,

ad-interim relief granted by this Court stand confirmed.

15. The applications stand disposed of.

( SHAILESH P. BRAHME, J. )

Uday S. Jagtap 4 of 4

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