Saroj Kumari Kamaljeet And Ors vs Icici Lombard General Insurance ...
2022 Latest Caselaw 10634 Bom

SMITA       Digitally signed by SMITA
            JOHNSON GONSALVES
JOHNSON     Date: 2022.10.17
GONSALVES   11:03:10 +0530




                                sg                                                               910.ia18928-22.doc


                                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                         CIVIL APPELLATE JURISDICTION

                                                      INTERIM APPLICATION NO.18928 OF 2022
                                                                      IN
                                                       FIRST APPEAL (STAMP) NO.14852 OF 2022

                                        Saroj Kumari Kamaljeet And Ors.                     ...Applicants
                                        In the matter between

                                        ICICI Lombard General Insurance Company Limited ...Appellant
                                              vs.
                                        Saroj Kumari Kamaljeet And Ors.                ...Respondents
                                                                         ....
                                        Ms. Varsha Chavan, for the Appellant.

                                        Mr. T.J. Mendon, for the Applicants/Respondents.
                                                                         ....
                                                           CORAM : SMT. ANUJA PRABHUDESSAI, J.

                                                            DATE     : 13 OCTOBER 2022

                                        P.C. :

By this application, the Applicants have sought withdrawal of compensation deposited by the Appellant Insurance Company pursuant to the judgment and order dated 4 December 2021 passed in ECA Application No.22/B-3/2016.

2. Learned Counsel for the Appellant Insurance Company objects to the withdrawal of the amount on the ground that the death of the deceased was due to "liver cirrhosis and pulmonary edema" and that the death was not caused out of accident in course of employment.

sg 910.ia18928-22.doc

3. Learned Counsel for Respondent Nos. 1 and 2 states that the appeal itself is not maintainable, since it does not raise any substantial question of law.

4. Learned Counsel for the respective parties agree that considering the grounds raised in the appeal memo and the objections raised by the Respondents, the appeal can be heard finally at the stage of admission and the questions raised by the respective parties should be considered on merits.

5. Hence, at this stage, I am not inclined to allow the application. Interim Application No.18928 of 2022 is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.)