Smt. Riya Gajanan Chorhge And Ors vs The New India Assurance Co.Ltd. ...
2021 Latest Caselaw 14351 Bom

                                                                      4-ia-4132-2019=fast-30594-2019.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                    INTERIM APPLICATION NO. 4132 OF 2019
           Digitally
           signed by
           SHRADDHA

                                           (For withdrawal of amount)
SHRADDHA   KAMLESH
KAMLESH    TALEKAR
TALEKAR    Date:
           2021.10.06
           18:23:00
           +0530
                                                       IN
                                   FIRST APPEAL (STAMP) NO. 30594 OF 2019

                        1. Smt. Riya Gajanan Chorghe
                        & 2 Ors.                                    ... Applicants

                        In the matter between :

                        1. The New Indian Ass. Company Ltd.
                        & Anr.                                      ... Appellants
                              Vs.
                        1. Smt. Riya Gajanan Chorghe
                        & 2 Ors.                                    ... Respondents
                                                     .....
                        Mr. Jeeni Antony for applicants.
                        Mr. Devendra S. Joshi for appellants.
                                                         .....
                                                  CORAM         :   N.J. JAMADAR, J.

                                                  DATE          :   4th October, 2021
                        PER COURT :

1. Heard the learned counsel for the applicants and the learned

counsel for the appellants-respondents.

2. This application is preferred to allow the applicant No.1 to

withdraw the amount of compensation deposited by the appellant

in terms of the judgment and order dated 25 th June 2018 passed by

the Commissioner for Employees' Compensation and Judge, Labour

Court, Thane.

3. The applicants have averred that the applicant No.1 is the

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widow of the deceased and applicant Nos.2 and 3 are the minor

son and daughter, respectively, of the deceased. Since the deceased

was the sole bread-winner, the applicants are in dire need of

compensation to support the necessities of life.

4. The learned counsel for the appellant-insurer resisted the

prayer for withdrawal of the amount. It was submitted that the

accident has not at all occurred during the course of the

employment and, thus, the insurer could not have been saddled

with the liability to pay compensation.

5. The core issue as to whether the accident occurred during

the course of the employment can be legitimately adjudicated while

deciding the appeal finally. Indisputably, the applicants, who are

the widow and minor children of the deceased, find themselves in

an adverse situation. Their claim that they require the amount to

sustain themselves cannot be said to be unsustainable. I am,

therefore, persuaded to allow the applicants to withdraw a portion

of the amount of compensation deposited by the appellant. In the

totality of the circumstances, the applicants can be permitted to

withdraw 50% of the amount of compensation deposited by the

appellant along with the interest accrued thereon, subject to

furnishing an undertaking before the Commissioner for Employees'

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Compensation and Judge, Labour Court, Thane, that the applicants

would bring back the amount in the event it is held that they are

not entitled to the compensation.

6. The application, thus, stands partly allowed.

Shraddha Talekar, PS

( N.J. JAMADAR, J. )

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