Shri.Mehboob Fatullal Shaikh v. United India Insurance Company Limited.

Sherla V.

caf.2857.2017_511.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2857 OF 2017 IN FIRST APPEAL NO.1040 OF 2017 Shri Mehboob Fatullal Shaikh ... Applicant

IN THE MATTER OF:

United India Insurance Co. Ltd. & anr.

... Appellant Vs.

Shri Mehboob Fatullal Shaikh

...Respondents

Ms.Rina Kundu i/b M. Kundu for the Applicant Ms.Varsha Chavan for Appellant in FA CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: SEPTEMBER 19, 2017 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

This application is filed by the Applicant / original claimant for withdrawal of the amount deposited by the Appellant Insurance Company before the Commissioner for Workmen's Compensation, Thane, who had granted a compensation of Rs.5,28,345/- with interest @ 12%. Besides the said amount, an amount of Rs.3,84,835/- was granted towards medical expenses.

caf.2857.2017_511.doc 3.

The learned Counsel for the Insurance Company while opposing the application has submitted that the Insurance Company has a good case especially on the point of employeremployee relationship and quantum. 4.

Heard. For the reasons mentioned in the Civil Application, the applicant / original claimant is allowed to withdraw an amount of Rs.5 lakhs, upon furnishing usual undertaking before the Commissioner, Workmen's Compensation, Thane. The balance amount shall be invested in a fixed deposit in a nationalised bank till hearing the appeal.

5.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.)