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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