Smt. Bismilla Salim Mulla And Ors vs The General Manager, H.D.F.C. ...
2021 Latest Caselaw 17680 Bom

                                                     13-IA4182-2021INFAST18315-2021.DOC

                                                                                    Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                  INTERIM APPLICATION NO. 4182 OF 2021
                                                    IN
                                    FIRST APPEAL (ST) NO. 18315 OF 2021

                      Bismilla Salim Mulla & ors.                           ...Applicants
                      In the matter between
SANTOSH               The General Manager                                    ...Appellant
SUBHASH
KULKARNI                                   Versus
Digitally signed by
                      Bismilla Salim Mulla & ors.                         ...Respondents
SANTOSH SUBHASH
KULKARNI
Date: 2021.12.20
17:39:29 +0530

                      Mr. Abhijit Kulkarni, for the Appellant/Respondent in IA.
                      Mr. Sandeep Koregave, for the Respondent/Applicant in IA.

                                                 CORAM:         N. J. JAMADAR, J.

                                                 DATED :        20th DECEMBER, 2021
                      PC:-

1. Heard the learned Counsel for the applicant and the

learned Counsel for the appellant - insurer.

2. The learned Counsel for the respondent resisted the prayer

for withdrawal on the ground that the claim of the applicant

was not at all sustainable as there was material on record to

indicate that the deceased had suffered a domestic fall.

Attention of the Court was invited to the clause E of the grounds

of appeal wherein it is asserted that in the discharge summary

of Hiremath Hospital it was mentioned that, "the patient came

with alleged history of domestic fall."

13-IA4182-2021INFAST18315-2021.DOC

3. The learned Counsel for the appellant further submits

that this aspect has not been adverted to at all by the learned

Commissioner for Employees' Compensation.

4. The aforesaid ground, which is specifically raised by the

appellant, warrants consideration. However, the fact that the

applicants - claimants are the wife and children of the deceased

and they require the amount to meet the necessities of life, can

hardly be contested. In the circumstances, it would be

expedient to allow the applicants to withdraw 30% of the

amount of compensation along with interest accrued thereon

subject to furnishing the usual undertaking.

5. Hence, the following order:

:Order:

(i) The application stands allowed.

(ii) The applicants - claimants are permitted to withdraw

30% of the amount of compensation along with

interest accrued thereon in terms of the impugned

judgment and award in Application (E.C.) No.39/C-

11/2017, dated 26th March, 2021, passed by the

learned Commissioner, Employees' Compensation,

Kolhapur, subject to furnishing an undertaking,

before the Commissioner, to bring back the said

13-IA4182-2021INFAST18315-2021.DOC

amount along with interest at such rate as may be

decided by this Court, in the event the appeal is

allowed and it is held that the applicants are not

entitled to compensation.

(iii) Rest of the amount be invested in a fix deposit with a

Nationalized Bank.

The application stands disposed of.

[N. J. JAMADAR, J.]