Shri. Mahesh Kumar Navik @ Nishad v. United India Insurance Co.Ltd. Through Its Manager, And ANR.

2025:BHC-AS:47831 Sayyed 15-(i)IA.6612.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6612 OF 2025 IN FIRST APPEAL (ST) NO.30531 OF 2019 Mahesh Kumar Navik @ Nishad ...Applicant

IN THE MATTER BETWEEN:-

United India Insurance Co. Ltd.

...Appellant

Versus

Mahesh Kumar Navik @ Nishad & Anr.

...Respondents

_____________________________________________________ Ms. Rina Kundu for the Applicant Mr. Amol Gatne for the Appellant.

_____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATE :

10 NOVEMBER 2025 P.C.:

1.

This application is taken out by original applicant seeking withdrawal of compensation amount of Rs.9,78,168/- which was granted by the Labour Court, Thane vide order dated 29 December 2018. The amount of Rs.9,78,168/- consists principal amount of Rs.6,16,294/- and the balance amount pertains to interest. 2.

Mr. Gatne fairly states that insofar as the principal amount is concerned, the insurance company is not disputing and, therefore, appropriate orders be passed by the Court. However, with respect to interest, he submits that the interest liability was contracted out to the employer and, therefore, to that extent the insurance company is not liable.

Sayyed 15-(i)IA.6612.2025.doc 3.

I have considered the submissions made by both the parties and also perused the impugned order. Since there is no dispute with respect to principal amount of Rs.6,16,294/-, the present interim application is required to be partly allowed by permitting the applicant to withdraw Rs.6,16,294/- which is deposited in the Labour Court, Thane. The applicant to make appropriate application with the Labour Court, Thane and the Labour Court, Thane to direct the Registry to pay up this amount within four weeks from making such application. 4.

Interim Application is allowed in above terms. [ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 11/11/2025 14:01:58