Shri. Narayan Sawant Mali And Anr vs United India Insurance Co.Ltd. ...
2021 Latest Caselaw 14497 Bom

                                                                     7-ia-1316-2020.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.1316 OF 2020
                                        IN
                         FIRST APPEAL (ST.) NO.9167 OF 2019

Narayan Sawanta Mali and Another                             ...Applicants
     vs.
United India Insurance Co. Ltd. and Another                  ...Respondents

Mr. Bhushan Walimbe, for Applicants/Ori. Respondents.
Mr. Amol Gatne, for the Respondents/Ori. Appellants.

                               CORAM :     N. J. JAMADAR, J.
                               DATE :      OCTOBER 05, 2021
P.C.:

.       Heard the learned counsel for the parties.

2.      This application is preferred by the applicants/original

claimants seeking permission to withdraw the entire amount of

compensation             deposited   by   the   respondent   No.   1-appellant

pursuant to the judgment and award passed by the Commissioner

for Employees' Compensation and Judge, Labour Court, Sangli in

Application in WCA No.28/B-7/2011.

3.      The learned counsel for respondent No. 1- appellant resisted

the prayer for withdrawal of the compensation amount deposited by

the appellant-insurer.

4.      It was submitted that a serious issue about the liability of the

insurer to satisfy the claim is raised in the instant appeal in as

much as the deceased was stated to be in employment with the


Vishal Parekar, P.A.                                                               ...1
                                                               7-ia-1316-2020.doc




opponent No. 1, who is the real brother of the deceased.

5.      In the backdrop of the issues raised in the instant appeal, the

applicant may not be permitted to withdraw the amount of

compensation lest prejudice would be caused to the appellant-

insurer, urged Mr. Gatne, learned counsel for the appellants.

6.      The issues raised on behalf of the appellants in the appeal, can

be legitimately considered at the fnal hearing and adjudication of

the appeal. The applicant Nos. 1 and 2 are in their 60s. The claim of

the applicant that they require the amount to support he

necessities of life cannot be said to be unreasonable. The concern of

the appellant-insurer can be taken care by allowing the applicants

to withdraw a portion of the amount subject to an undertaking.

Hence, the following order.

                                 ORDER

1]      The application stands allowed.
2]      The applicants are entitled to withdraw 50% of the claim
amount          awarded   by   the   Commissioner     for   Employees'

Compensation and Judge, Labour Court, Sangli along with interest accrued thereon, subject to furnishing an undertaking before the Commissioner for Employees' Compensation and Judge, Labour Court, Sangli to bring back the amount in the event the appeal is allowed and it is held that the applicants-claimants are not entitled to the compensation.

                                           (N. J. JAMADAR, J.)

Vishal Parekar, P.A.                                                        ...2