Bombay High Court
RAJSHREE SAMBHAJJI MAHINGADE AND ORSversusTHE DIVISIONAL CONTROLLER MSRTC AND ANR.
- Disposal
- Allowed
Holding
The court ordered that 50% of the awarded compensation, with accrued interest, be released to the applicants on an undertaking, with the balance to be invested, pending final disposal of the appeals.
Summary
The Maharashtra State Road Transport Corporation (MSRTC) appealed four tribunal awards concerning motor accident deaths of Panchayat Samiti employees. The families of the deceased (applicants) filed interim applications seeking immediate payment of the awarded compensation, asserting they had received nothing. The respondent contended that the driver’s overspeeding constituted contributory negligence and that the quantum of awards was excessive, opposing any interim disbursement. The court observed that the deaths were undisputed and that the appeals would not be resolved promptly, making full payment inappropriate. Accordingly, the court partially allowed the applications, directing that each applicant receive 50% of the awarded amount with accrued interest upon furnishing an undertaking, while the balance be invested in a nationalized bank. This interim order is to remain in effect until the final disposal of the appeals.
Issues considered
- Whether interim payment of tribunal-awarded compensation is permissible pending appeal
- Whether the quantum of the awards should be reduced on account of contributory negligence
- Whether the entire awarded amount can be disbursed before final determination of the appeals
Subjects
- interim relief
- motor accident compensation
- contributory negligence
- partial payment
- interest
- tribunal award
- appeal
- disbursement
Judgment
59to62-withdrawal-IA-1568-2026 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
59 INTERIM APPLICATION NO. 1568 OF 2026
IN
FIRST APPEAL (ST) NO. 2225 OF 2026
Bhagyashree Chagan Kale And Ors ...Applicants
Versus
The Divisional Controller MSRTC ...Respondent
60 INTERIM APPLICATION NO. 1569 OF 2026
IN
FIRST APPEAL (ST) NO. 2229 OF 2026
Janabai Devnarayan Kashid And Ors ...Applicants
Versus
The Divisional Controller MSRTC And Ors. ...Respondents
61 INTERIM APPLICATION NO. 1570 OF 2026
IN
FIRST APPEAL (ST) NO. 2235 OF 2026
Rajshree Sambhaji Mahingade And Ors ...Applicants
Versus
The Divisional Controller MSRTC And Anr. ...Respondents
62 INTERIM APPLICATION NO. 1573 OF 2026
IN
FIRST APPEAL (ST) NO. 2232 OF 2026
Arun Manikrao Mohare And Ors ...Applicants
Versus
The Divisional Controller MSRTC And Ors. ...Respondents
…..
Adv. R. S. Alange, Advocate for Claimants/Applicants.
Adv. Ketan Patil a/w Adv. Pinky Bhansali, Advocate for Respondent -
MSRTC.
…..
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59to62-withdrawal-IA-1568-2026 (C).doc
CORAM : SHAILESH P. BRAHME, J.
DATE : 06th OCTOBER, 2026.
P.C. :
Heard.
2. These applications are decided by common order.
3. The Corporation has preferred four (4) appeals challenging
distinct Judgments and Awards passed by the Tribunal. Following is the
break - up of the claims at a glance :
Interim Name of the M.A.C.P. No. Awarded Amount Deposited Amount
Application No. Deceased (Proceeding No.)
IA/1568/2026 Chagan Limbaji 18 of 2020 Rs.37,24,000/-@ Rs.51,36,018/-
Kale 7% p.a.
IA/1569/2026 Devnarayan 20 of 2020 Rs.71,10,436/-@ Rs.98,15,386/-
Mahadev Kashid 7% p.a.
IA/1570/2026 Sambhaji 17 of 2020 Rs.81,83,560/-@ Rs.1,12,98,926/-
Janardhan 7% p.a.
Mahingade
IA/1573/2026 Rakesh Arun 19 of 2020 Rs.38,51,440/-@ Rs.53,12,114/-
Mohare 7% p.a.
4. The applicants are the defendants upon the deceased who were
employees of Panchayat Samiti and who were traveling in a Jeep which
was collided with vehicle of the respondent – Corporation.
5. It is contended that they have not been disbursed anything after
the awards. For the reasons stated in the application, they are claiming
the amount. It is further contended that considering the expenses and
needs of the family, amounts be disbursed.
6. Per contra, the learned counsel appearing for the respondent –
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Corporation would vehemently oppose the applications. It is submitted
that the driver of the Jeep was responsible and he was overspeeding. It
is a case of contributory negligence and exorbitant compensation is
awarded in each case. It is further submitted that the applicants are
unable to produce on record the relevant material and the claim is
unfounded. The appeals have been preferred against unreasonable and
arbitrary quantum.
7. The deaths occurred in the accident are undisputed. The bread
earners of the family have lost their lives in the accident. The applicants
have not been paid any amount. It would be wholly pedantic to keep
the applicants waiting till final disposal of the appeals. The appeals are
not likely to be decided finally within short time.
8. Considering the defense raised by the respondent and the
findings recorded by the Tribunal, I am not inclined to disburse the
entire deposited amount in each matter. But the ends of the justice
would be met in permitting the applicants to receive 50% of the amount
with accrued interest. The contentious issues involved in the matter can
be dealt with at the time of final disposal of the appeals. Hence, I pass
the following order :
::ORDER::
A. The applications are partly allowed.
B. The applicants in all the applications shall be disbursed 50% of
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the amount with accrued interest on furnishing an undertaking to the
satisfaction of the Presiding Officer of the Tribunal.
C. The balance amount shall be invested in nationalized Bank.
[ SHAILESH P. BRAHME, J.]
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