Keshar Gopalsingh Thakur And Anr vs Reliance General Insurance ...
2021 Latest Caselaw 8064 Bom

P.H. Jayani                                                    14 IA743.2021.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO. 743 OF 2021
                                        IN
                           FIRST APPEAL NO. 102 OF 2021

Keshar Gopal Singh Thakur                                ..... Applicant

In the matter between :-
Reliance General Insurance Co. Ltd.                      .... Appellant
           v/s.
Keshar Gopal Singh Thakur and anr.                       .... Respondents

                                      WITH
                       INTERIM APPLICATION NO. 554 OF 2021
                                        IN
                           FIRST APPEAL NO. 102 OF 2021

Reliance General Insurance Co. Ltd.                      .... Applicant
           v/s.
Keshar Gopal Singh Thakur and anr.                       .... Respondents

Mrs. Kalpana Trivedi for the Applicant.
Mr. Amol Gatne i/b. Mrs. Swati Mehta for the Respondents.

                                    CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th JUNE, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION NO. 743 OF 2021 :-

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

2. The Applicant/Original Claimant has sought withdrawal of the

compensation deposited by the Appellant - Insurance Company. It is

P.H. Jayani 14 IA743.2021.doc

the case of the Applicant that he has sustained permanent disability of

right eye to the extent of 54 percent which is treated as 100 percent

functional disability.

3. Learned counsel for the Appellant states that the disability

certificate has not been issued by an Ophthalmologist but has been

issued by an Orthopedic Surgeon. She states that there is no evidence

to indicate that the Applicant has sustained permanent disability to the

right eye to the extent of 54 percent. The fact that the Applicant herein

has suffered permanent disability is not in dispute. The dispute is only

in respect of percentage of disability. Notwithstanding such dispute, as

per the schedule, disability works out to 40%. Considering this fact, the

Applicant is permitted to withdraw an amount of Rs.3,00,000/- which

is deposited before the Commissioner for Employees Compensation and

Judge, 10th Labour Court, Mumbai.

4. Interim Application No.743 of 2021 stands disposed of.

ORDER IN INTERIM APPLICATION NO. 554 OF 2021 :-

5. Since the Appellant has deposited the entire amount of

compensation along with interest accrued thereon, execution and

implementation of the impugned judgment and award dated

P.H. Jayani 14 IA743.2021.doc

07/02/2020, is stayed till the disposal of the Appeal.

6. Interim Application No.554/2021 stands disposed of.

ORDER IN FIRST APPEAL NO. 102 OF 2021 :-

7. Appeal be listed on 12/07/2021 'for admission'. Learned counsel

for the Respondents states that private paper book will be filed before

the due date. Parties are put to notice that an endeavour would be

made to dispose of the Appeal finally at the stage of admission.

(SMT. ANUJA PRABHUDESSAI, J.)