Mrs. Bindudevi Ramdas Chauhan And ... vs M/S. Virgotech Marine ...
2022 Latest Caselaw 4244 Bom

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         CIVIL APPELLATE JURISDICTION

       INTERIM APPLICATION (ST.) NO. 474 OF 2022
                (FOR WITHDRAWAL)
                        IN
            FIRST APPEAL NO. 1511 OF 2014

Smt. Bindudevi Ramdas Chauhan
and Ors.                                  ...Applicants
                                        (Orig.Applicants)

IN THE MATTER BETWEEN :

M/s. Virgotech Marine Engineering
Pvt. Ltd.                                ...Appellant
                              (Orig.Opp.Party no.1)
     v/s.
Smt. Bindudevi Ramdas Chauhan
and Ors.                           ...Respondents

                           ...

Mr. S.V. Gupta, Advocate for the applicant in IA(St.)-474-

2022.

Ms. Pallavi Kaamath a/w. Mr. Benny Joseph, Advocate for the appellant in FA-1511-2014 and for respondent in IA(St.)-474-2022.

CORAM : SANDEEP K. SHINDE J.

DATE : THURSDAY, APRIL 21, 2022.

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P.C. :

1. This application is moved by the respondents (original claimants) seeking leave to withdraw part of compensation awarded to them by Commissioner for Employees Workmen's Compensation. Ramdas, husband of claimant no.1 and father of claimants no.2 to 5, expired on 13 th May, 2009 during his course of employment. In consideration of the facts of the case, Commissioner, Workmen's Compensation, directed the employer to pay compensation Rs.7,02,160/- with interest at the rate of 12% p.a. to be calculated from 13th June, 2009 till 21st January, 2011. Feeling aggrieved by the Judgment and order dated 8 th May, 2014, this Appeal is preferred.

2. Heard learned Counsel for the parties.

3. In consideration of the facts of the case, the claimants are permitted to withdraw 50% of the amount with interest accrued thereon without security.

4. Application is partly allowed and disposed of in the aforesaid terms.

(SANDEEP K. SHINDE, J.) NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2022.04.21 15:25:24 +0530

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