Uttam Shankarrao Musle And ANR v. Trishala Bhagwan Budhwant

{1} CIVIL APPLICATION NO.15610 OF 2022 IN Uttam s/o Shankarrao Musle and another Applicants Respondent Mrs. M. R. Dhule, advocate for the Applicants Mr. S. V. Mundhe, advocate for the Respondent. Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation which has been deposited by the respondent-appellant with the learned trial Court. The learned Counsel for the respondent-appellant strongly opposed the application on the ground that there is no evidence of employee-employer relationship on record but still the learned Commissioner granted exorbitant amount of compensation.

{2} However, on perusal of impugned judgment and award, it appears that the learned Commissioner has observed that the deceased expired during the course of employment in an unfortunate accident. In view of the same and at this juncture, the applicants are permitted to withdraw 50% of the compensation amount along with proportionate interest thereon from the trial Court by furnishing usual undertaking to the satisfaction of the concerned Court, without prejudice to the rights of either parties. The trial Court is directed to invest the remaining amount in Fixed Deposit, in any Nationalised Bank, on yearly renewal basis till fnal disposal of this appeal. Civil Application is disposed of.

{3} Appellant Uttam Shankarrao Musle & another Respondents Mr. S. V. Mundhe, advocate for the Appellant Mrs. M. R. Dhule, advocate for the Respondents Heard.

Admit.

Learned Counsel Mrs. Dhule waives service for respondents.

{4} CIVIL APPLICATION NO.10530 OF 2022 IN Applicant Uttam Shankarrao Musle & another Respondents Mr. S. V. Mundhe, advocate for the Applicant Mrs. M. R. Dhule, advocate for the Respondents Heard.

Since the appellant-employer has deposited entire amount of compensation with the learned Commissioner i.e. the trial Court, the Stay Application is made absolute in terms of prayer clause (B) and disposed of.