Gorakhnath Namdev Gaikwad And ANR v. Ashraf Pathan Abdul Pathan And ANR

ca2602.17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 956 CIVIL APPLICATION NO. 2602 OF 2017 IN FA/1751/2016 WITH FA/1528/2016 GORAKHNATH NAMDEV GAIKWAD AND ANR

VERSUS

ASHRAF PATHAN ABDUL PATHAN AND ANR Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

V.K. JADHAV,J.

DATED :

24.03.2017 Mr.V.P. Latange, Advocate for the petitioners.

Mr.S.R. Pande, Advocate for R-1.

Mr.A.B. Kadethankar, Advocate for R-2.

1.

Heard both the sides. Learned Counsel for the applicants submits that the only son of the applicants met with an accidental death. Learned Counsel for the respondent - insurance company submits that the employer-employee relation has been denied by the respondent - insurer and even then learned Commissioner has awarded compensation. Learned Counsel for the applicants in reply to the same,

ca2602.17 submits that the employer has not denied the said relationship. On the other hand he has not contested the claim petition at all.

2.

In view of above and the fact that only son of the applicants met with an accidental death, the applicants are permitted to withdraw an amount of Rs.5,00,000/- (Rupees Five Lakhs) deposited with the Labour Court, Jalna, Camp at Aurangabad, on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

3.

The Civil Application is accordingly disposed of.

[V.K. JADHAV,J.] /2017/ 17/ snk MAR ca2602.17