Chayabai Roopchand Surase v. Uday Expoxy, Prop. Rajendra Raosaheb Pardhe And ANR

13514.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO.13514 OF 2022 IN FA/1075/2022 CHAYABAI ROOPCHAND SURASE

VERSUS

UDAY EXPOXY AND ANR ...

Ms. Savita P. Kakade (Matkar), advocate for the applicant Mr.S.R. Bodade, advocate for respondent no.1. ...

CORAM : S.G.DIGE, J.

DATE : 26.09.2022 P.C. :

1.

Heard the learned counsel for the applicant and learned counsel for respondent no.1.

2.

The learned counsel for the applicant submits that the Commissioner for Employees Compensation and Judge, Labour Court, Aurangabad has awarded the compensation in favour of the applicant. Respondent no.1 has challenged the said judgment and award and has deposited the award amount before the Labour Court, Aurangabad. The applicant is the mother of the deceased. She requires the amount for her daily expenses and medical treatment. Hence requested to allow the application. 3.

The learned counsel for respondent no.1 vehemently opposed to allow the application on the ground

13514.22CA that the deceased was resident of Murmi and his office was situated at Murmi whereas the accident was occurred near Garware Company, which is contrary. The relationship of the employer and employee is disputed. Hence, requested to dismiss the application.

4.

I have heard both the learned counsel.

5.

The applicant is mother of the deceased. Before the Labour Court the employer has admitted that the deceased was his employee. The applicant needed the amount for her daily expenses and medical treatment. Hence I pass the following order :-

ORDER

(i) The application is allowed.

(ii) The applicant is permitted to withdraw Rs.4,40,000/- on furnishing the usual undertaking before the learned Registrar (Judicial).

(iii) The application is disposed of accordingly. [S.G.DIGE] JUDGE SGA