The Shipping Corporation Of India ... vs Smt. Prabha Parbhat Gokal Solanki
2022 Latest Caselaw 7931 Bom

P.H. Jayani                                  908 FA1129.1996.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 1129 OF 1996

Shipping Corporation of India
Limited                                            .... Appellant
           v/s.
Smt. Prabha Parbat Gokul Solanki                   .... Respondent


Mr. Hafeez-ur-Rehman for the Appellant.
Mr. Ankit Lohia and Mr. Ketan Dave i/b. Darshana Kambli
for the Respondent.

                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 17th AUGUST, 2022.

P. C. :-

. The Appellant - Corporation has challenged the judgment and

order dated 10/07/1996 whereby the learned Commissioner under

Workmen's Compensation Act and Judge, Third Labour Court, Mumbai

has awarded compensation of Rs.79,860/- to the Respondent, the

widow of Parbat Gokal Solanki.

2. It was the case of the Respondent - claimant that her husband

was employed with the Appellant - Corporation and that he expired on

20/06/1984 in view of the injuries sustained in the course of his

employment. The Appellant - Corporation had denied that the death

of said Parbat Solanki had arisen out of and in the course of his

P.H. Jayani 908 FA1129.1996.doc

employment. The Appellant had claimed that the deceased had died a

natural death.

3. On 04/08/2022, this Court had observed that the deceased was

in service of the Appellant for more than 20 years. It was also observed

that the claimant had alleged that the deceased was recalled to join the

service in June, 1984 and that he had suffered a heart attack while he

was staying in seaman's hostel, waiting to join his duties. It was also

brought to the notice of the parties that the amount awarded by the

learned Commissioner was very meager. Considering the said

observations, learned counsel for the Appellant had sought time to take

instructions whether the matter could be settled amicably.

4. Today, learned counsel for the Appellant as well as the

Respondent have stated that considering the fact that the deceased was

in service for over 20 years and also considering the fact that the

compensation awarded by the learned Commissioner is very meager,

they have decided to settle the matter amicably. Learned counsel for

the Appellant states that the Appellant - Corporation is ready and

willing to allow the Respondent to withdraw compensation of

Rs.79,860/- deposited by the Corporation on 10/09/1996 along with

P.H. Jayani 908 FA1129.1996.doc

interest accrued thereon. He submits that the settlement/concession is

made only in view of special circumstances and not on the merits of the

matter. Learned counsel for the Respondent submits that the

Respondent is the only legal representative of the deceased - Parbat

Gokal Solanki. He submits that the Respondent shall indemnify claim

raised by any other person as the legal representative of the deceased

and that undertaking to that effect will be filed before the Labour

Court, Mumbai within four weeks.

5. Hence, with consent, Respondent is permitted to withdraw the

compensation of Rs.79,860/- with interest accrued thereon.

6. Appeal stands disposed of in above terms.

7. All concerned to act on authenticated copy of this order.

PREETI H JAYANI Digitally signed by PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Date: 2022.08.20 16:34:10 +0530