Bhairu Bapu Ghatshile And ANR v. Bajaj Alliance General Insurance Company Ltd The Manager And ORS

2024:BHC-AUG:7485 8-CA-14570-23-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14570 OF 2023 IN FAST/33645/2023 BHAIRU BAPU GHATSHILE AND ANOTHER

VERSUS

BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD THE MANAGER AND OTHERS ...

Advocate for Applicants : Mr. Prasanna S. Chavan Advocate for Respondent No.1 : Mr. M. R. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and learned counsel for the appellant.

2.

Learned counsel for the appellant/insurer has strongly opposed the application and contended that deceased was not employee of the owner of the vehicle.

3.

Considering the issue involved, the application deserves to be partly allowed. Hence, the order;

ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw 75% amount deposited with Commissioner for Employee's Compensation & Civil Judge, Senior Division, Osmanabad, on furnishing undertaking that they would deposit the amount, if the impugned judgment and award is reversed.

iii) Learned Tribunal is requested to release the amount as per above directions.

( S. G. MEHARE ) JUDGE rrd