Chhababai Vasantrao Dange v. National Insurance Com. Ltd., Thr Its Branch Manager, Jalna And ORS

{1} 985-CA-11052-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11052 OF 2022 IN FIRST APPEAL NO. 1054 OF 2022 CHHABABAI VASANTRAO DANGE

VERSUS

NATIONAL INSURANCE COMPANY LTD THR ITS BRANCH MANAGER JALNA AND OTHERS ...

Advocate for Applicant : Mr. R.V. Gore Advocate for Respondent No.1 : Mr. A.S. Usmanpurkar ....

CORAM : S.G. DIGE, J.

DATE : 28th July, 2022 ORDER :

.

Heard learned Counsel for applicant and advocate for respondent No.1.

2.

Learned Counsel for applicant submits that, respondent No.1 has challenged the order passed by Commissioner for Employee's Compensation and Judge, Labour Court, Jalna. The respondent No.1 has deposited amount before the Commissioner for Employee's Compensation and Judge, Labour Court, Jalna. Applicant has no source of income. She requires money for her daily expenses. Hence, requested to allow application. Pooja K.

{2} 985-CA-11052-2022 3.

Learned Counsel for respondent No.1 strongly objected for allowing application on the ground that, respondent No.1 has preferred appeal against the order of the Commissioner of Employee's Compensation and Judge, Labour Court, Jalna. Hence requested to dismiss the application.

4.

I have heard both the learned Counsel. Admittedly, son of applicant No.1 is is died in the accident. The issue raised by the respondent No.1 can be considered at the time of fnal hearing. Applicant requires amount for day to day expenses. Hence, I pass the following order:-

ORDER

a.

Application is allowed.

b.

Applicant is permitted to withdraw 25% amount out of deposited amount on furnishing usual undertaking before learned Registrar (Judicial) and 25% amount on furnishing solvent surety.

c.

The Civil Application is disposed of.

[S.G. DIGE, J.] Pooja K.