Mr. Ramchandra Mahadev Yadav v. The Divisional Manager, National Insurance Co. Ltd. And ORS.

osk 29-caf-3738-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3738 OF 2018 IN FIRST APPEAL (ST.) NO. 36602 OF 2017 Ramchandra Mahadev Yadav ...

Applicant In the matter between National Insurance Co. Ltd.

...

Appellant V/s.

Ramchandra Mahadev Yadav & Ors.

...

Respondents • Ms.Jyoti Vajpayee i/b. Mr.S.S. Dwivedi for the Appellant. • Mr.R.S. Alange for the Applicant-Respondent No.1. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 16th JANUARY, 2019.

P.C. :

1] Heard learned counsel for the parties.

2] This application is preferred by the Applicant-original claimant seeking withdrawal of the entire amount of compensation. 3] Learned counsel for the Appellant opposes this application on the point that the employer and the employee itself is suspected. 4] In view thereof, considering the requirement of the Applicant-Claimant, he is permitted to withdraw 50% of the amount of compensation, subject to furnishing of usual undertaking. 5] The Civil Application is disposed off in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1