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Bombay High CourtCAF/3876/2018disposedoff

Employees State Insurance Corporation Through Its Regional Director, Nagpur v. Vijay S/O Baburaoji Mendhe And Others

2019-06-14Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

cao 1144.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1144 OF 2019 WITH CIVIL APPLICATION (CAF) NO. 3876 OF 2018 IN CIVIL APPLICATION (CAF) NO. 3875 OF 2018 IN FIRST APPEAL (ST) NO. 27248 OF 2018 (Employees State Insurance Corporation Vs. Vijay s/o Baburaoji Mendhe and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Mrs. B. P. Maldhure, Advocate for the applicant/appellant CORAM : M. G. GIRATKAR, J.

DATE : 14/06/2019 FIRST APPEAL (ST) NO. 27248 OF 2018 Heard learned Advocate Mrs. Maldhure for the applicant/appellant. She has pointed out the order dated 17.12.2018, passed by this Court. As per this order, respondent no. 1/claimant was directed to appear before the Medical Board. Respondent no. 1/claimant appeared before the Medical Board and his disability was assessed to the extent of 78%. He has received the compensation in respect of disability of 78% i.e. Rs.4,08,845/-. Therefore, appeal becomes infructuous. Hence, learned Counsel has prayed to withdraw the appeal with permission to withdraw the amount deposited before this Court. Learned Counsel has submitted that the appellant has credited the amount of compensation for 78% disability

cao 1144.2019.odt directly in the account of respondent no.1/claimant. Looking to the submission, appeal is disposed as withdrawn.

CIVIL APPLICATION (CAO) NO. 1144 OF 2019 Heard learned Advocate Mrs. Maldhure for the applicant/appellant. Appellant is permitted to withdraw the amount of Rs.3,00,000/- deposited before this Court. The application is disposed of accordingly.

CIVIL APPLICATION (CAF) NO. 3876 OF 2018 CIVIL APPLICATION (CAF) NO. 3875 OF 2018 In view of the aforesaid order in First Appeal (ST) No. 27248 Of 2018, these applications are also stands disposed of as infructuous.

JUDGE SMGate