Bombay High Court

MONALI D/O BHARAT GAIKWAD AND ANR.versusMAHARASHTRA STATE TRANSPORT CORPORATION, THROUGH ITS DIVISIONAL CONTROLLER, SOLAPUR

Disposal: Disposed Off
Bench: M W CHANDWANI

Holding

The court allowed the claimant to withdraw fifty percent of the deposited compensation amount with interest, in line with the award.

Summary

The applicant, Monali Bharat Gaikwad, filed an interim application seeking to withdraw a portion of the compensation amount that the appellant corporation, M.S.R.T.C., had deposited following a judgment and award of the Motor Accident Claims Tribunal, Solapur in Accident Claim Petition No.25 of 2019. The appellant had deposited the full decretal amount with accrued interest. The court considered the submissions of counsel for both parties and the grounds raised in the appeal. It held that the applicant could withdraw fifty percent of the deposited amount, together with the accrued interest, in accordance with the terms of the impugned award. The order was made to apportion the withdrawn sum as per the award, and the interim application was disposed of.

Issues considered

Whether the claimant is entitled to withdraw a portion of the compensation amount deposited by the appellant corporation under the award of the Motor Accident Claims Tribunal

Subjects

Motor Accident Claims Tribunal
compensation
interim application
withdrawal of award
interest
civil appellate jurisdiction
accident claim

Judgment

903-IA-519-2026 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed

HARISH
by HARISH
VITHAL CIRCUIT BENCH AT KOLHAPUR
VITHAL CHAUDHARI
CHAUDHARI Date:
2026.04.24
10:37:32 +0530 CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 519 OF 2026
IN
FIRST APPEAL NO. 444 OF 2024

Monali Bharat Gaikwad ...Applicant
IN THE MATTER BETWEEN
M.S.R.T.C., Thr Its Div. Controller ...Appellant
VERSUS
Monali Bharat Gaikwad And Anr. ...Respondents.

***
Mr. Amol Amarnath Kanaki i/b Prasad Pradeep Kulkarni for the Applicant.
Mrs. Priyesha Patel (Through V. C. ) for the Appellant.
***

CORAM : M. W. CHANDWANI, J.
DATE : 23rd APRIL, 2026.
P.C.

1. By this application, the applicant-claimant seeks withdrawal of
the compensation amount deposited by the appellant-corporation in
connection with the impugned judgment and award passed by the Motor
Accident Claims Tribunal, Solapur in Motor Accident Claim Petition No.25
of 2019.
2. Considering the submission of the learned counsel for the parties
and grounds raised in the appeal, applicant-claimant is permitted to
withdraw 50% of the decretal amount deposited by the respondent-
corporation along with accrued interest there on. The apportionment shall
be made in terms of the impugned award.
3. Accordingly, interim application is dispose of.

[M. W. CHANDWANI, J.]

Harish 1

Continue reading with your account

Checking your session…