Dnyaneshwar Mangesh Bagkar vs Union Of India, Under Secretary
2022 Latest Caselaw 1103 Bom

                                                 17-FA-475-2000.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

               CIVIL APPLICATION NO.2581 OF 2019
                                 IN
                     FIRST APPEAL NO.475 OF 2000


Dnyaneshwar Mangesh Bagkar                               ...Applicant

IN THE MATTER BETWEEN

The Union of India                                       ...Appellant
     Vs
Dnyaneshwar Mangesh Bagkar                               ... Respondent
                                 ...

Mr. Y.S. Bhate for the Appellant.

Ms. Kavita Anchan i/by Mr. Vishal Dhende for the Applicant/Respondent.

CORAM : SANDEEP K. SHINDE J.

DATE : JANUARY 31, 2022.

(Through Video Conferencing) P.C. :

Heard learned counsel for the parties.

2 Mr. Dnyaneshwar Mangesh Bagkar (Original

Claimant/Respondent herein), seeks leave to withdraw the amount of

compensation deposited by the Union of India (Appellant) pursuant to

the judgment and award dated 21st April, 1994 passed in Motor

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Accident Claims Application No.2023 of 1988.

3 Indisputably, the Union of India did not cause its appearance

in the proceedings, although served, and, therefore, claim was

decided ex-parte. Two years later, Union of India moved the

application, i.e., on 22nd April, 1996 seeking order to set aside the

ex-parte award. That application was rejected by the Tribunal on 11 th

August, 1998.

4 Accident, which gave rise to this claim application had

occurred on February, 1988. Applicant suffered 35% permanent

disability. He was admitted in the hospital as indoor patient on 24 th

February, 1988 and discharged on 10th April, 1988. Today, he is 71

year old person.

5 This Court vide order dated 7 th April, 2000 permitted the

applicant to withdraw Rs.1,65,965/- without furnishing security.

6             Instant application has been moved for withdrawing


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                                                17-FA-475-2000.odt

balance amount, presently invested in fixed deposits, with the State

Bank of India.

7 The Union of India has vehemently opposed the

application vide reply filed by the Under Secretary, Government of

India, Atomic Energy.

8 It may be stated that the accident in question had taken

place 34 years before, wherein claimant has suffered 35% disability

and since then, he has been deprived of the compensation awarded

to him. The Union of India did not contest the claim application

although panel counsel caused appearance in the proceedings. The

First Appeal is pending in this Court since 2000, however, Union of

India has not taken efforts to circulate the First Appeal, for final

hearing.

9 In any event, applicant is now 71 year old person

suffering 35% permanent disability. Applicant has also filed

Undertaking that in case, the Union of India succeeds in the First

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Appeal, he shall bring back the compensation amount withdrawn by

him.

10 In consideration of the facts of the case, application is

allowed. The applicant is permitted to withdraw the remaining

amount of compensation with interest accrued thereon on furnishing

Undertaking that in case, the Union of India, succeeds in the appeal,

he shall re-deposit the amount, with the Tribunal.

11 Application is allowed and disposed of in the aforesaid

terms.

                                          (SANDEEP K. SHINDE, J.)




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