Anil S/O Malhari Shinde v. The United India Insurance Company Ltd Through Branch Officer And ANR

2024:BHC-AUG:2581 29-CA-14545-23-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14545 OF 2023 IN FAST/18928/2023 ANIL S/O MALHARI SHINDE

VERSUS

THE UNITED INDIA INSURANCE COMPANY LTD THROUGH BRANCH OFFICER AND ANOTHER ...

Advocate for Applicant : Mr. Amol R. Gaikwad Advocate for Respondent No.1 : Mr. S. S. Rathi ...

CORAM : S. G. MEHARE, J.

DATE : 02-02-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent No.1/insurer.

2.

It was a case under the Employees Compensation Act. The appellant preferred an appeal on the ground that there was no employer and employee relationship. The offending vehicle was not involved in the accident. There was inordinate delay in lodging the first information report.

3.

The learned counsel for the applicant submits that the applicant has suffered permanent disablement out of vehicular accident. The defence of the insurer has been discarded. 4.

Considering the dispute between the parties, the application deserves to be partly allowed. Hence, the order;

29-CA-14545-23-w.odt

ORDER

i) The application is partly allowed.

ii) The applicant is permitted to withdraw Rs.7,00,000/- (Rs. Seven Lakhs Only) on furnishing undertaking that he will deposit the money, if the impugned judgment and award is reversed.

iii) The balance amount be deposited in fixed deposit in any Nationalized Bank, till conclusion of the appeal, as per the rules.

( S. G. MEHARE ) JUDGE rrd