Bombay High CourtCAF/1112/2014dismissedrule discharged

Mohd. Ibrahim S/O Abdul Salim Qureshi v. Smt. Shantabai Wd/O Suryabhan Bagade And Another

2015-02-11Hon'Ble Shri Justice Z.A. Haq3 pages

1 fa1000.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.1000/2014 Mohd. Ibrahim s/o Abdul Salim Qureshi ..Versus..

Smt. Shantabai wd/o Suryabhan Bagde and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 11.2.2015 Heard Shri P.A. Abhyankar, the learned advocate for the appellant. None appears for the respondents. Shri Abhyankar, the learned advocate submits that he is restricting the claim in the appeal on the point of liability of the respondent no.1 - Insurance Company to indemnify the appellant. It is submitted that the appeal be treated as appeal under Section 30(1)(d)

2 fa1000.14 of the Employees Compensation Act, 1923. It is submitted that in view of this, the requirement of depositing the amount as per the impugned order as per the third proviso below Section 30(1) of the Employees Compensation Act, 1923 does not exist. It is further submitted that in view of the claim made by the appellant in the appeal and the fact that the appellant is not challenging the entitlement of the respondent no.1 - the claimant (widow of the deceased), he is not pressing the Civil Application No.1112/2014. Accepting the submissions made on behalf of the appellant following order is passed :- Admit.

The claim of the appellant is restricted as per Section 30(1)(d) of the Employees Compensation Act, 1923 as recorded above. C.A.F. NO.1112/2014 As the appellant is not challenging the entitlement of the respondent no.1 - claimant to receive the amount of compensation, the appellant is not pressing the civil application. The civil application is

3 fa1000.14 dismissed accordingly. The respondent no.1 - the claimant is at liberty to proceed with the execution of the award.

FIRST APPEAL NO.1000/2014 The appellant shall file private paper book within six months, failing which the appeal shall stand dismissed without reference to Court.

JUDGE Tambaskar.