Shaikh Mujahid Shabbir Ahmed And ... vs Shriram General Insurance ...
2021 Latest Caselaw 8623 Bom

                                                                            14 ia 1379-21.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 1379 OF 2021
                                       IN
                         FIRST APPEAL NO. 1818 OF 2021

      Shaikh Mujahid Shabiir Ahemad                            ..Applicant

                     v/s.

      Shriram General Insurance Co. & Ors.                             ..Respondents

      Mr. Rajan Pawar for the Applicant /Appellant .
      Mr. Pandit Kasar for the Respondent.

                                CORAM : ANUJA PRABHUDESSAI, J.

DATED : JUNE 30, 2021.

P.C.

1. The Applicant has filed this Application for withdrawal of the

compensation deposited by the Appellant Insurance Company as

per the judgment and order dated 24.01.2020 in Application

WC(NF) No.56 of 2015. By the impugned judgment the

Commissioner for Employees Compensation and Judge, First

Labour Court at Nashik has awarded compensation of

Rs.2,17,002/- with interest @12% per annum from the date of

accident till realization.

2. Learned Counsel for Respondent objects for withdrawal

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14 ia 1379-21.doc

mainly on the ground that there is no employer employee

relationship. I have perused the records. Having considered the

reasons stated in the Application and the grounds raised in the

Appeal Memo, the Applicant is allowed to withdraw 50% of the

compensation with proportionate interest accrued thereon. Suffice

it to say that the withdrawal is subject to final outcome of the

Appeal.

3. The Applicants shall furnish an undertaking before the

Commissioner for Employees Compensation and Judge, First

Labour Court at Nashik that they will abide by the final orders

that may be passed in this appeal.

4. The Commissioner for Employees Compensation and Judge,

First Labour Court at Nashik, to re-invest the balance amount in

the names of the respective Applicants, in any nationalized bank

after making the payment as stated above.

5. Civil application stands disposed of.

                                        (ANUJA PRABHUDESSAI, J.)




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