Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur
Order Date: 5th November 2026
Case Overview
- Parties: Applicants – Indubai Balasaheb Ivare and others; Respondent – Maharashtra State Road Transport Corporation (MSRTC).
- Appeal: First Appeal (ST) No. 1099 of 2026, with three interim applications (IA No. 1795 of 2026, IA No. 309 of 2025, IA No. 311 of 2026).
- Background: Applicants sought withdrawal of Rs 46,87,235 deposited by MSRTC following a tribunal award. They argued the deceased (a family bread‑earner) had received no compensation. MSRTC contended the deceased was negligent and the tribunal award was exorbitant.
- Counsel: For Applicants – Mr. Santosh Kumar Bhosale (through VC); for Respondent – Mr. Shubham Dhoble, Samarth Chavan, Dhananjay Rananaware.
- Court Observations: No reason to doubt the application; applicants have not received any amount; they are entitled to part of the award.
- Procedural Notes: Mr. Bhosale waived service for respondents; parties may file a private paper book; printing was dispensed with; waiver of service and other procedural relaxations were granted.
Final Outcome
- IA No. 1795 of 2026: Applicants permitted to receive 60% of Rs 46,87,235 (i.e., Rs 28,12,341) with accrued interest, subject to furnishing an undertaking satisfactory to the Tribunal’s Presiding Officer.
- The remaining 40% (Rs 18,74,894) shall be invested in a nationalised bank as per the court’s order.
- IA No. 309 of 2025: The 118‑day delay in filing the appeal was condoned; no mala fides found on part of MSRTC.
- IA No. 311 of 2026: The ad‑interim relief previously granted by the court is confirmed; the application is disposed of.
- Additional procedural orders: Call for record and proceedings; parties free to file private paper book; printing dispensed with.
Topics: Court Proceedings, Transport Compensation