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2026 DAILYLAW 5433 (BOM)

ASHATAI SAMPAT PUJARI AND ANR. v. MAHARASHTRA RAJYA PARIVAHAN MAHAMANDAL THR. ITS. DIVISIONAL CONTROLLER,SATARA

IA/1151/2026 · 2026-08-29

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Judgment text

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38-IA-1151-2026=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1151 OF 2026 IN FIRST APPEAL NO. 151 OF 2026 Ashatai Sampat Pujari and Anr. … Applicants Vs. Maharashtra Rajya Parivahan Mahamandal Thr. Its. Divisional Controller, Satara … Respondent …………. Mr. Saiprasad S. Patil a/w Mahesh Jadhav for the Applicants …………. CORAM : SHAILESH P. BRAHME, J. DATE : 29th AUGUST, 2026. P. C. : . Heard both sides. 2. The applicant seeks to withdraw the amount of Rs.24,00,473/- deposited by the respondent. 3. The amount is sought to be withdrawn for the reasons stated in the application which are not controverted. It is submitted that the deceased was the earning member of the family and the quantum arrived at by the Tribunal is just and reasonable. 4. The application is contested by the learned counsel for the respondent on the ground that the claim is barred by non-joinder of Uday S. Jagtap 1 of 2 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.09.01 12:23:56 +0530 38-IA-1151-2026=.doc necessary parties. There is absolutely no proof of income and the compensation awarded is exorbitant and arbitrary. It is further to be stated a case of contributory negligence. 5. Considering the submission of the respondent, I am not inclined to permit the applicant to receive the entire amount. The applicants are the parents who lost their son and ends of justice would meet in permitting the applicant to withdraw 70% of the amount. 6. The application is allowed partly by permitting the applicant to withdraw 70% of the amount with accrued interest on furnishing the undertaking to the satisfaction of the Presiding Officer of jurisdictional Tribunal. The balance amount shall be invested in the nationalized bank. FIRST APPEAL NO. 151 OF 2026 7. Admit. 8. Call for record and proceedings. 9. It would be open for the parties to file compilation of documents. 10. The final hearing is expedited. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of 2