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Bombay High Court

TUKARAM RAMA BORASE THR. NEXT FRIEND RAMA BHIKA BORASEversusMAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR. DIVISIONAL CONTROLLER

Decided
Disposal
Allowed

Holding

The Court allowed the applicant to withdraw 75 % of the deposited amount with interest, conditioned upon an undertaking to repay if the appeal is decided against him.

Summary

The applicant, Tukaram Rama Borase and friend Rama Bhika Borase, filed an interim application seeking withdrawal of compensation deposited by the Maharashtra State Road Transport Corporation (MSRTC) before the Motor Accident Claims Tribunal, Nashik. The compensation pertained to an injury claim of the applicant, who asserted an urgent need for the funds. MSRTC opposed the withdrawal, arguing that the amount should remain pending the final decision of the appeal. The Court, after hearing counsel, permitted the applicant to withdraw 75 % of the deposited sum together with accrued interest, subject to the applicant furnishing an undertaking to return the amount if the appeal is decided against him. Accordingly, the application was partly allowed and disposed of.

Issues considered

  • Whether the applicant is entitled to withdraw a portion of the compensation deposited by MSRTC pending the outcome of the appeal before the Motor Accident Claims Tribunal.
  • Whether the Court may condition such withdrawal on an undertaking to restore the amount if the appeal is decided against the applicant.

Subjects

  • withdrawal of deposited compensation
  • motor accident claims tribunal
  • interim application
  • partial relief
  • undertaking

Judgment

                                                        943-FA-1742-2025.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                  FIRST APPEAL NO. 1742 OF 2025
                                  WITH
            INTERIM APPLICATION NO. 747 OF 2026
Tukaram Rama Borase Thr. Next
Friend Rama Bhika Borase                                 ...Applicants
IN THE MATTER BETWEEN
Divisional Controller, Maharashtra State
Road Transport Corporation Thr. Divisional Controller    ...Appellant
           V/S.
Tukaram Rama Borase Thr. Next
Friend Rama Bhika Borase                                 ...Respondent
_____________________________________________________________
Adv. Sneha G. Sanap, for the Appellant.
Adv. Rajan S. Pawar, for the Respondent.
________________________________________________________
                  CORAM : PRAFULLA S. KHUBALKAR, J.
                  DATE       : 28TH AUGUST, 2026.
P.C. :-

1.        This is an application for withdrawal of amount deposited by the

Maharashtra State Road Transport Corporation (MSRTC).


2.        Heard learned counsel for the applicant / claimants and learned

counsel for the MSRTC.


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                                                           943-FA-1742-2025.odt

3.        Learned counsel for the applicant submits that the appellant

MSRTC has deposited the amount of compensation before the Motor

Accident Claims Tribunal, Nashik. He submits that the compensation is on

account of the injury claim of this applicant. He submits that the applicant is

in need of the amount as stated in the application.

4.        Although the application is opposed by the respondent MSRTC,

considering the reasons mentioned in the application and the submissions

advanced, at this stage, the applicant needs to be permitted to withdraw 75%

of the amount alongwith accrued interest. Accordingly, the application is

partly allowed. The applicant is permitted to withdraw 75% of the deposited

amount alongwith accrued interest, subject to furnishing an undertaking

before the Tribunal that in case the appeal is decided against him, the

appellant shall deposit the amount.

5.        Accordingly, the instant application is partly allowed and disposed

of.

                                      (PRAFULLA S. KHUBALKAR, J.)




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