Manager Cholamandalam General Insurance Company v. Nanda Sanjay Tribhuvan And Others

{1} CIVIL APPLICATION NO.5214 OF 2023 IN Nanda Sanjay Tribhuvan Cholamandalam MS General Insurance Co. Ltd.

Respondent Mr. Shaikh Majit S., advocate for the Applicants Mr. A. G. Choudhari, advocate for Respondent No.1 Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-Insurance Company with concerned learned Commissioner.

The learned Counsel for the Insurance Company has strongly opposed the application on the ground that there was no employer-employee relationship between the owner and deceased.

In view of the same, the applicants, at this stage,

{2} are permitted to withdraw 50% of the deposited amount along with proportionate interest accrued thereon on furnishing usual undertaking to the satisfaction of concerned learned Commissioner i.e. 2nd Labour Court at Ahmednagar. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal.

{3} CIVIL APPLICATION NO.381 OF 2023 IN Manager, Cholamandalam General Insurance Co.

Nanda Sanjay Tribhuvan & others Respondents Mr. A. G. Choudhari, advocate for the Applicant Mr. Shaikh Majit S., advocate for Respondents The applicant-Insurance Company is seeking condonation of delay of only 83 days.

Considering the short period of delay, it stands condoned.

Appeal be placed for admission after removal of offce objections, if any.

{4} CIVIL APPLICATION NO.382 OF 2023 IN Manager, Cholamandalam General Insurance Co.

Nanda Sanjay Tribhuvan & others Respondents Mr. A. G. Choudhari, advocate for the Applicant Mr. Shaikh Majit S., advocate for Respondents Since the appellant-Insurance Company has deposited entire amount of compensation along with the interest with concerned learned Commissioner, the application is made absolute in terms of prayer clause {B}.