Asha Mangesh Bade And ORS v. Shrimant Ananda Chemte And ANR

38.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 CIVIL APPLICATION NO.12597 OF 2019 IN FAST/20521/2018 ASHA MANGESH BADE AND ORS

VERSUS

SHRIMANT ANANDA CHEMTE AND ANR ...

Advocate for Applicants : Mr. Kakade(matkar) Savita Parmeshwar. Advocate for Respondent No. 2 : Mr.S. S. Dargad, h/f Mr. S.G. Chapalgaonkar.

CORAM : MANGESH S. PATIL, JJ.

DATE : 25/11/2019 PER COURT :

Heard both the sides. The original applicants are seeking to withdraw the amount of compensation determined by the Commissioner under the Employees' Compensation Act in this appeal by the Appellant/Insurance Company.

2.

The learned advocate for the Insurance Company strongly opposes the application. He submits that there is a serious dispute as far as 'employer-employee relation' between the deceased and the owner of the vehicle. Besides, there is also a dispute as regards the deceased not holding a valid and effective driving licence. 3.

Perusal of the judgment clearly shows that though there could 1/2

38.odt be not much of a dispute as far as the relation between the owner and the deceased of that of '

employer and employee'

, however there seems to be a genuine dispute as to if the deceased was holding a valid and effective driving licence.

4.

In view of above, the applicants can only be allowed to withdraw 50% of the amount deposited in this Court subject to furnishing usual undertaking.

5.

The Civil Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 2/2