Mr. Sameer Mehboob Khan v. Iffco Tokio Gen. Ins. Co. Ltd. And ANR.

11-caf3999-2018 in fa272-2020.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2999 OF 2018 IN FIRST APPEAL NO.272 OF 2020 Digitally signed by ATUL GANESH KULKARNI Date:

2023.01.25 10:27:18 +0530 ATUL GANESH KULKARNI Iffco-Tokio General Insurance Co. Ltd through its authorized representative Mr. Sunnu Bhandari ... Applicant V/s.

Sameer Mehaboob Khan & Anr.

... Respondents WITH CIVIL APPLICATION NO.2577 OF 2019 IN FIRST APPEAL NO.272 OF 2020 Sameer Mehboob Khan ... Applicant V/s.

Iffco-Tokio General Insurance Co. Ltd & Anr.

... Respondents Mr. Rajesh Kanojia with Ms. Ankita Kale i/by Res Juris for the applicant.

Mr. Onkar Warange for respondent no.2.

CORAM :AMIT BORKAR, J.

DATED :JANUARY 24, 2023 P.C.:

CIVIL APPLICATION NO.2577 OF 2019:

1.

The claimants have filed present civil application seeking

11-caf3999-2018 in fa272-2020.doc withdrawal of compensation granted by the Commissioner for Employees Compensation. The Trial Court by the impugned order directed the appellants to pay an amount of Rs.9,67,968/- (Rupees Nine Lakh Sixty Seven Thousand Nine Hundred Sixty Eight Only ) along with interest at the rate of 12% per annum. 2.

According to the appellant, the claimants have failed to prove employer-employee relationship and the disability certificate has been issued by non-treating doctor.

3.

Considering the said ground, the applicant has made out a case for grant of permission to withdraw 50% of the decretal amount from the Trial Court, subject to filing an undertaking within eight (8) weeks from today with the Trial Court stating that in case the appeal is decided against the respondents, they shall reimburse the appellant amount withdrawn along with interest at the prevalent bank rate.

4.

The civil application is disposed of in above terms. No costs. (AMIT BORKAR, J.)