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Bombay High CourtCA/7196/2014admittedallowedgrantedrule absolute

Zungabai Tukaram Nand And Others v. Tukaram Rajaram Kuradhe

2015-04-29Hon'Ble Shri Justice Nitin W. Sambre2 pages

7196.14ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7196 OF 2014 IN FIRST APPEAL (ST) NO. 2844 OF 2014 Zungabai Tukaram Nand & Ors.

...Applicants versus Tukaram Rajaram Kuradhe.

...Respondent

.....

Mr. P.C. Mayure, Advocate for applicant.

Mr. G.V. Mohekar, Advocate for respondent.

.....

CORAM : N.W. SAMBRE, J.

DATE : 29TH APRIL, 2015 ORAL ORDER :

This is an application for withdrawal of the amount. 2.

The application for withdrawal of the amount is opposed on the ground that there is employer and employee relationship and cause of the accident is bullock cart, which is not covered under the provisions of Workmens' Compensation Act.

3.

In view of adjudication of the claim by Workmens' Compensation Commissioner, it will be in the fitness of things that upon undertaking furnished by the applicants that they shall make

7196.14ca -2good the loss, within eight weeks, from the date if this Court allow the appeal, permitted them to withdraw 50% of the amount. The civil application is allowed in above terms.

[ N.W. SAMBRE, J. ] Tupe/29.04.15