Barku Chana Chavan v. Vitthal Kalu Ahirrao And ANR

2024:BHC-AUG:7660 32-35-CA-3369-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CIVIL APPLICATION NO. 3369 OF 2024 IN FA/4306/2023 YOGESH KASHINATH JADHAV

VERSUS

VITHAL KALU AHIRRAO AND ANOTHER ...

33 CIVIL APPLICATION NO. 3371 OF 2024 IN FA/4301/2023 SAMADHAN DEVIDAS SONAWANE

VERSUS

VITHAL KALU AHIRRAO AND ANOTHER ...

WITH CIVIL APPLICATION NO. 14117 OF 2023 IN FA/4301/2023 ...

34 CIVIL APPLICATION NO. 3374 OF 2024 IN FA/4300/2023 JIJABRAO ALIAS PAPPU BHAIDAS RATHOD

VERSUS

VITTHAL KALU AHIRRAO AND ANOTHER ...

35 CIVIL APPLICATION NO. 3375 OF 2024 IN FA/4302/2023 BARKU CHANA CHAVAN

VERSUS

VITTHAL KALU AHIRRAO AND ANOTHER ...

(in All Cases) Advocate for Applicant : Manoj Shinde holding for Mr. Shailesh S. Chapalgaonkar Advocate for Respondent No.1 : Mr. Mangesh G. Patil holding for Mr. Anudeep D. Sonar Advocate for Respondent No.2 : Mr. M. R. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants, the learned counsel for respondent No.1 and the learned counsel for respondent No.2/appellant.

32-35-CA-3369-24-w.odt 2.

All these cases are arising out of injury claims. The question is, whether the appellant/insurer is liable to pay the compensation to the labourers who were travelling in the offending vehicle for unloading the goods, when they were not the employees of the insured. It appears that the compensation awarded is on higher side. Considering the facts and issue involved in the cases, it would be appropriate to allow the applications. Hence, the order;

ORDER

i) The applications are allowed.

ii) The applicants are permitted to withdraw the entire amount deposited with this Court with accrued interest thereon, on furnishing an undertaking that they would deposit the amount, if the impugned judgment and award is reversed. ( S. G. MEHARE ) JUDGE rrd