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

LSP 1 2 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 Digitally signed by LATA SUNIL PANJWANI Date:

2025.10.06 19:09:20 +0530 LATA SUNIL PANJWANI DATE : 6th October 2025.

P.C. :

Heard learned Advocate Kini for the Appellant-employer and learned Advocate More for the Respondent-claimant. 2.

The following issues were raised before me:- (i) Whether the deceased was said to be in the employment or not because on the date of the death it was not shown present on the muster-roll?

LSP 2 2 fa 390.25.doc (ii) Whether the death due to heart attack can be said to be the death arising out of stress of the work? 3.

Today, Mr. More has relied upon the judgment of Orissa High Court in the case of New India Assurance Co. Ltd. v/s. Mohan Kumar Sahoo1 and judgment of Hon'ble Supreme Court in the case of Fulmati Dhramdev Yadav and anr. v/s. New India Assurance Co. Ltd. & anr.2 Both of them have relied upon certain judgments which are already on record.

4.

Stand over tomorrow i.e. 7th October 2025.

(S.M. MODAK, J.) 2004 II CLR 118 2023 (4) T.A.C. 1 (S.C.)