The New India Assurance Co.Ltd. ... vs Smt. Riya Gajanan Chorge And Ors
2021 Latest Caselaw 14370 Bom

                                                                   4.2-ia-3553-2019=fast-30594-2019.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 3553 OF 2019
         Digitally
         signed by
         SHRADDHA
                                                (For stay)
SHRADDHA KAMLESH
KAMLESH  TALEKAR                                   IN
                                 FIRST APPEAL (STAMP) NO. 30594 OF 2019
TALEKAR  Date:
         2021.10.06
         18:26:46
         +0530


                      1. The New Indian Assurance Co. Ltd.       ... Applicant
                            Vs.
                      1. Smt. Riya Gajanan Chorghe
                      & 3 Ors.                                    ... Respondents
                                                    .....
                      Mr. Devendra S. Joshi for applicant/appellant.
                      Mr. Jeeni Antony for respondents.
                                                      .....
                                               CORAM       :     N.J. JAMADAR, J.

                                               DATE        :     4th October, 2021
                      PER COURT :

1. Heard the learned counsel for the applicant-insurer and the

learned counsel for the respondents-original claimants.

2. This application is preferred to stay the execution, operation

and implementation of the judgment and award dated 25 th June

2018, passed by the Commissioner for Employees' Compensation

and Judge, Labour Court, Thane.

3. The applicant-insurer had already deposited the entire

amount of compensation along with the interest accrued thereon.

The respondents-claimants have been permitted to withdraw a

portion of the amount of compensation. The issue of the liability of

appellant-insurer on account of the contention that the accident

1 of 2 4.2-ia-3553-2019=fast-30594-2019.doc

has not occurred during the course of employment, warrants

consideration.

4. Hence, the application stands allowed in terms of prayer

clause (a).

( N.J. JAMADAR, J. )

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