Mrs. Jayshree Dilip Salunkhe v. Mr. Jagdish Laxmicharan Panda And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4034 OF 2015 IN FIRST APPEAL (ST) NO. 32721 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Manish Jain I/b S.M. Jain & Asso. for the Applicant.

CORAM: K.K.TATED, J.

DATED : 27/09/2019 P.C.

Heard learned Counsel for the Applicant.

There is delay of 1 year and 174 days in filing First Appeal challenging the Judgment and Award dated 07.04.2014 passed by the Commissioner for Workmen Compensation Act and Judge, 3rd Labour Court, Mumbai in Application (WCA) No. 265/C-69/2012 holding that Respondent Claimant is entitled for compensation of Rs. 9,41,965/- with interest and penalty. The operative part of the order reads thus:

i) Application is partly allowed.

ii) Both the opponents are hereby directed to deposit jointly and severally compensation amount of Rs.9,41,965/- (Rupees nine lakhs forty one thousand nine hundred sixty five only) along with 12% simple interest from 27.01.2012 till actual Sneha Chavan 1/2

911 caf 4034-15=.odt deposit of the amount along with medical expenses of Rs.1,08,677.80 paise.

iii The opponent No.1 employer is hereby directed to deposit lumpsum penalty amount of Rs.2 lakhs and cost of Rs.3000/- in the Court."

The learned Counsel for the Applicant submits that Respondent No.2 Insurance Company also filed Appeal. He submits that they already deposited sum of Rs.

9,41,965/-. He submits that Applicant is ready and willing to deposit the amount as required by Workman Compensation Act. He submits that Applicant will satisfy the Registry about the depositing the amount.

He submits that Applicant is required four weeks time to deposit the said amount. On his request, following order is passed:

a) Applicant to comply the provisions of Workmen Compensation Act for filing First Appeal i.e. depositing of amount to the satisfaction of the Registry within four weeks from today, failing which Civil Application shall stand dismissed without further reference to the Court.

b) If amount is deposited within stipulated time as stated above, matter to appear on board on 15.11.2019.

(K.K.TATED, J.) Sneha Chavan 2/2