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Bombay High CourtIA/14436/2024allowed

Raj Kumari And ANR. v. M/S. Mysore Ammonia Pvt.Ltd., Mumbai

2025-01-27Hon'Ble Justice Sharmila U. Deshmukh2 pages

55-(b)-IA-14436-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14436 OF 2024.

IN FIRST APPEAL (ST) NO. 14341 OF 2024.

Raj Kumari And Anr.

...Applicants.

Versus

M/S. Mysore Ammonia Pvt. Ltd., Mumbai

...Respondent.

------ Mr. Sarthak Diwan for the Appellant.

Ms. Varsha Nichani for the Respondent Nos. 1 and 2. Mr. Vijay Sardal for the Respondent No. 3.

------ Coram : Sharmila U. Deshmukh, J.

TALLE SHUBHAM ASHOKRAO TALLE SHUBHAM ASHOKRAO Date: 2025.01.29 19:45:26 +0530 Date : January 27, 2025.

P. C. :

1.

Interim Application has been preferred by the dependents of the deceased seeking withdrawal of the amount deposited before the Commissioner for Workmen's Compensation. The deceased was working as driver with the Respondent No. 3 and during the course of his employment while he was in Madhya Pradesh during Covid-19 he had tested positive and due to un-availability of medical facilities was sent home and expired.

2.

Prima facie from the record it appears that the accident has taken place during the course of employment. The Applicant Nos. 1 and 2 are the dependents of the deceased and the Applicant No. 2 is the student and as such there is need for the funds for the day to day Shubham Talle 1 of

55-(b)-IA-14436-2024.doc sustenance.

3.

As the amount is already deposited, the Applicant is permitted to withdraw 50% of the amount. Interim Application is allowed in the above terms.

[Sharmila U. Deshmukh, J.] Shubham Talle 2 of