The New India Assurance Co. Ltd. ... vs Mr. Chendeya Hauda Munda @ Herenj ...
2021 Latest Caselaw 8700 Bom

P.H. Jayani                                                 10 IA1390.2021.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                     INTERIM APPLICATION NO. 1390 OF 2021
                                       IN
                      FIRST APPEAL (ST.) NO.21342 OF 2018

Chendeya Hauda Munda @
Herenj and ors.                                       .... Applicants

In the matter between :-
The New India Assurance Company
Limited, Mumbai                                       .... Appellant
           v/s.
Chendeya Hauda Munda @
Herenj and ors.                                       .... Respondents

                                      WITH
                       CIVIL APPLICATION NO. 2873 OF 2018
                                        IN
                       FIRST APPEAL (ST.) NO.21342 OF 2018
                                      WITH
                       FIRST APPEAL (ST.) NO.21342 OF 2018

The New India Assurance Company
Limited, Mumbai                                       .... Applicant/Appellant
           v/s.
Chendeya Hauda Munda @
Herenj and ors.                                       .... Respondents


Mr. T.J. Mendon for the Applicants.
Mrs. Poonam Mittal for the Respondent / Original Appellant.

                                   CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd JULY, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION NO. 1390 OF 2021 :-

. The Applicants who are the parents and siblings of the deceased-

P.H. Jayani 10 IA1390.2021.doc

Somra Chendeya Herenj @ Munda have filed this Application for

withdrawal of compensation deposited by the Appellant - Insurance

Company as per the judgment and award dated 21/04/2017 passed by

the Commissioner for Employees, Compensation & Judge, Fourth

Labour Court, Thane in Application (WCA) No.263/B-67/2015. By the

impugned judgment, the Commissioner of Employees has awarded

compensation of Rs.8,67,640/- with interest @ 12% p.a. from the date

of accident till final realization.

2. The Appellant-Insurance Company has challenged the impugned

order mainly on the ground that there was no employer-employee

relationship and further for breach of terms and conditions of the

policy. Having perused the records and upon considering the grounds

raised in the Appeal memo and the reasons stated in the Application,

the Applicant Nos.1 and 2 are permitted to withdraw 10% each of the

compensation along with proportionate interest accrued thereon and

the Applicant Nos.3, 4 and 5 are permitted to withdraw 5% each of the

compensation along with proportionate interest accrued thereon.

Suffice it to say that that the withdrawal shall be subject to the final

outcome of the Appeal. The Applicants shall give an undertaking

before the Tribunal that they shall abide by the order that may be

P.H. Jayani 10 IA1390.2021.doc

passed in the Appeal.

3. Interim Application No.1390 of 2021 stands disposed of.

ORDER IN CIVIL APPLICATION NO. 2873 OF 2018 :-

4. Not on board. With consent, taken on board.

5. The Applicant/Appellant herein has sought to condone the delay

of 358 days in filing the Appeal. Mr. T.J. Mendon, learned counsel for

the Applicants states that the Appellant - Insurance Company has not

made out sufficient ground for condoning the delay.

6. Having perused the records and particularly the reasons stated in

paragraph 3 of the Application, the delay is ordered to be condoned.

Appeal be registered and listed 'for admission' after removal of office

objections, if any.

7. Civil Application No.2873 of 2018 stands disposed of.

ORDER IN FIRST APPEAL (ST.) NO.21342 OF 2018 :-

8. Mr. T.J. Mendon, learned counsel waives service on behalf of

Respondent Nos.1 to 5. Appellant to take steps to serve Respondent

P.H. Jayani 10 IA1390.2021.doc

No.6. Appeal be listed 'for admission' on 27/08/2021.

(SMT. ANUJA PRABHUDESSAI, J.)