Neelabai Subhash Wagatkar And Another v. M/S Shriram General Insurance Co. Ltd., Nanded And Others

2024:BHC-AUG:1599 22-CA-11397-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11397 OF 2021 IN FA/262/2021 NEELABAI SUBHASH WAGATKAR AND ANOTHER

VERSUS

M/S SHRIRAM GENERAL INSURANCE CO. LTD., NANDED AND OTHERS ...

Advocate for Applicants : Mr. Surendra V. Suryawanshi Advocate for Respondents No.1 and 2 : Mr. Anil P. Basarkar ...

CORAM : S. G. MEHARE, J.

DATE : 19-01-2024 PER COURT :- 1.

Heard the learned counsel for the applicants. 2.

There is a dispute about employment of the deceased. Hence, insurance company preferred appeal. However, prima facie it appears that the deceased died in a vehicular accident. The award of Rs.4,48,000/- was passed. The deceased was a loader and unmarried.

3.

In the facts and circumstances of the case, the application deserves to be partly allowed. Hence, the order; i) The application is partly allowed.

22-CA-11397-21.odt ii) The applicants are entitled to withdraw Rs.3,00,000/- with proportionate accrued interest, on furnishing an undertaking that they will re-deposit the amount, if the judgment and award is reversed.

iii) The learned Ex-officio Commissioner of Employees Compensation and Judge Labour Court at Nanded, is directed to release the amount after obtaining undertaking. ( S. G. MEHARE ) JUDGE rrd