Bombay High Court
M/S. Anglo Eastern Ship ... vs Natwarlal Khalasi on 6 February, 2023
Bench: Amit Borkar
16-fa305-2019.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.305 OF 2019
WITH
CIVIL APPLICATION NO.1119 OF 2019
IN
FIRST APPEAL NO.305 OF 2019
Anglo Eastern Ship Management Ltd. ... Appellant
V/s.
Natwarlal Khalasi ... Respondent
Ms. N. Sumnani i/by Bhatt & Saldanha for the
appellant.
Mr. Rishi Ashok with Mr. Prathamesh Sharma i/by
Bekay Legal for the respondent.
CORAM : AMIT BORKAR, J.
DATED : FEBRUARY 6, 2023
P.C.:
FIRST APPEAL NO.305 OF 2019
1. Appeal is admitted on following substantial questions of law:
"(a) Whether the compensation d'hors the Employees
Compensation Act 1963 can be awarded?;
(b) Whether Ld. Commissioner without any pleading and
or evidence can determine that injury arose out of and in the
course of employment thus ignoring the provisions of Section
3 of the Employees Compensation Act, 1963?;
(c) Whether compensation can be awarded to a workman
in respect of a illness/disease not falling within the scope of
16-fa305-2019.doc
sub section (2) (2a) (3) of section 4 of the Employees
Compensation Act 1923 (hereinafter referred to as the Act)
particularly when the illness/disease was not directly due to
a specific injury resulting from an accident arising out of and
in the course of his employment?;
(d) Whether an Application filed under the Employees
Compensation Act 1963, is maintainable when compensation
is claimed under a Collective Bargaining Agreement?;
(e) Whether compensation can be granted beyond the
ceiling on wages fixed by the Act and more specifically under
Section 4(b);
(f) Whether hypertension can be treated as being directly
attributable as a specific injury by accident arising out of and
in the course of the employment especially where in the
entire pleading no case is made out that the hypertension
resulted from the nature of the Respondent's duties?;
(g) Whether a workman who is diagnosed with known
hypertension can claim that the same as an "injury" by an
accident arising out of and in the course of his employment?;
(h) Whether any medical evidence or material is produced
by the workman suggesting that hypertension from which he
was admittedly suffering was caused by any specific injury
arising out of an accident during the course of
employment?."
2. The appellant to file private paper book within one (1) year
from today, failing which the first appeal shall stand dismissed
without further reference to the Court.
CIVIL APPLICATION NO.1119 OF 2019
1. The applicant has filed present application seeking stay of
impugned judgment and award. The appellant has already
deposited an amount of Rs.6,33,360/- as per order dated 17th
16-fa305-2019.doc
December 2018.
2. Having heard learned advocates for the parties, in my
opinion, considering the facts of the present case, the respondent
is entitled to withdraw 50% of the amount, subject to filing of
undertaking in this Court within four (4) weeks from today.
3. Hence, following order:
a) The application is allowed in terms of prayer clause (c).
b) The respondent is permitted to withdraw an amount of
Rs.6,33,360/- along with interest accrued, if any, subject to
filing of undertaking within four (4) weeks from today,
stating that in case the appellant succeeds in the appeal, he
shall reimburse the amount withdrawn along with interest at
prevalent bank rate.
4. The civil application stands disposed of in above terms. No
costs.
(AMIT BORKAR, J.)
