M/S Arjun Travels Mumbai Through Proprietor -Mr. Harbansingh Arjunsingh Haspal v. Smt. Jamuna Devi Brijlal Yadav And ORS.

LSP 1 4 fa 390.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal No.390 of 2025 With Interim Application No.16198 of 2024 With Interim Application No.10733 of 2025 In First Appeal No.390 of 2025 M/s. Arjun Travels ...

Appellant V/s.

Smt. Jamuna Devi Brijlal Yadav & ors.

...

Respondents Mr. J.S. Kini a/aw. Aum Kini i/b.

Ms. Sapna Krishnappa Advocate for the Appellant.

Mr. Vasant More Advocate for the Respondents.

CORAM : S.M. MODAK, J DATE : 29th September 2025.

Digitally signed by LATA SUNIL PANJWANI Date:

2025.10.03 12:10:27 +0530 LATA SUNIL PANJWANI P.C. :

Heard learned Advocate Kini for the Appellant-employer and learned Advocate Shri More for the Respondent-claimant-wife of the deceased.

2.

There is no dispute that the deceased Brijlal was working with the Appellant as a driver. The dispute is whether he was temporary driver or not?

LSP 2 4 fa 390.25.doc There is further dispute as to whether the death has occurred due to the accident which can be attributed during the course of employment. There is no dispute that his death body was found in the bus on 16th December 2021. The bus belongs to the employer. It was noticed by the Supervisor and then intimation was given to Kurla Police Station. Postmortem was performed. A coronary artery disease is cause of death (Page-24).

3.

Mr. More has taken me through the evidence of wife of deceased and the Appellant who is a Partner of the firm. All the issues need to be decided by the test of substantial question of law. 4.

Stand over to 6th October 2025 as 'Part-Heard'. (S.M. MODAK, J.)