Shri. Sandeep Ramchandr Chandole And ORS. v. The New India Assuranc Company Limited And ANR.

by HEMANT CHANDERSEN SHIV Date:

2023.11.02 04:10:12 +0530 HEMANT CHANDERSEN SHIV 1/2 24.caf379.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.379 OF 2020 IN FIRST APPEAL STAMP NO.16356 OF 2015 The New India Assurance Co. Ltd.

...Applicant vs.

Sandeep Ramchandra Chandole & Anr.

...Respondents

Mr. Vishambhar M. Parkar for the Applicant.

Mr. Devendranath S. Joshi for the Respondent. CORAM : NITIN B. SURYAWANSHI, J.

DATED : 2ND NOVEMBER 2023 P. C. :

1.

This application is filed for withdrawal of amount deposited by Respondent No.1/original Appellant-Insurance Company before learned Commissioner for Employees Compensation Act and Judge 4th Labour Court at Mumbai in Application (WCA) No.4/C-3/2009.

2.

Learned Commissioner has allowed Injury Claim of applicant and directed Respondent-Appellant and owner of vehicle to jointly and severally pay amount of Rs.2,60,292/-. Respondent-Appellant has deposited amount of Rs.2,60,292/- Shiv

2/2 24.caf379.20.doc along with interest before learned Commissioner. 3.

The accident has taken place in the year 2008 and decision is rendered by learned Commissioner on 6th February 2013. Considering these aspects and statements made in application, which is strenuously opposed by learned Advocate for appellant, application is allowed, and applicant is permitted to withdraw entire amount along with accrued interest subject to applicant furnishing solvent security.

[NITIN B. SURYAWANSHI, J.] Shiv