M/S. Shakir Traders And ANR. v. 1. Shri. Narayan Dattu Jadhav

56-FA-248-07 WITH CAF-734-07.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.248 OF 2007 WITH CIVIL APPLICATION NO.734 OF 2007 IN FIRST APPEAL NO.248 OF 2007 M/s.Shakir Traders & Anr.

.... Appellants V/s.

Shri.Naryan Dattu Jadhav .... Respondent by NILAM SANTOSH KAMBLE Date:

2024.06.27 10:32:34 +0530 NILAM SANTOSH KAMBLE ---- Mr.A.K. Jalisatgi a/w Mr.T.R. Yadav, for the Appellants. Mr.Hrishikesh R. Chavan, for the Respondent.

---- CORAM : ARUN R. PEDNEKER, J.

DATE : 25th JUNE 2024 P.C:- .

Heard learned counsel for the parties.

2.

The learned counsel for the Appellant, on instructions, submits that he would not seriously contest the Appeal, but his only anxiety is that the same may be treated as precedent in other cases and liability may be fasten on the Appellant. However, the claim is based on an accident and the claim is granted in the facts of each case and the same cannot N.S. Kamble page 1 of 2

56-FA-248-07 WITH CAF-734-07.doc become precedent in any other case. As such, the apprehension expressed by the learned counsel is misconceived. The learned counsel on instructions submits that he has no objection if the amount as directed by the Tribunal and which is deposited before the Tribunal is paid to the Respondent-Claimant along with accrued interest.

3.

The Appeal is accordingly dismissed.

4.

The entire amount deposited before the Tribunal along with accrued interest be paid to the Claimant. 5.

All pending Civil and Interim Applications are disposed of.

(ARUN R. PEDNEKER, J.) N.S. Kamble page 2 of 2