Reliance General Insurance ... vs Mahendra Bhaskar Sakpal And Ors
2023 Latest Caselaw 24 Bom

          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH
SHIVGAN
          SHIVGAN
          Date:
                                                                    16-FAST-25259-2022.odt
          2023.01.03
          15:24:36
          +0530




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL (ST) NO.25259 OF 2022
                                                      WITH
                                     INTERIM APPLICATION NO.30572 OF 2022
                                                      WITH
                                     INTERIM APPLICATION NO.30571 OF 2022
                                                      WITH
                                    INTERIM APPLICATION NO.30570 OF 2022

                       Reliance General Insurance Co. Ltd.               ...Appellant
                             Vs
                       Mahendra B. Sakpal and Ors.                       ...Respondents

Ms. D. Shalini Shankar for the Appellant. Mr. T.J.Mendon for the Respondents.

CORAM : SANDEEP K. SHINDE J.

DATE : JANUARY 2, 2023.

P.C. :

Heard learned counsel for the Parties.

2. This Appeal under Section 30 of the Employees

Compensation Act, 1923 is preferred against the judgment and

order dated 9th June, 2022 passed by the Commissioner for

Employees Compensation and Judge, Fourth Labour Court,

Mumbai directing appellants to pay compensation amount of

Rs.5,58,073/- to the Respondents/Applicants alongwith 12%

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interest from the date it became due till its realization.

Appellants have deposited compensation amount of Rs.8,98,972/-

in the Fourth Labour Court at Mumbai. It appears from the facts

of the case that the Respondent/Applicant-Mahendra Bhaskar

Sakpal sustained partial permanent disability of 59% and as

such, had suffered total loss of earning capacity. Appellants

would dispute this fact. However, this finding is based on the

certificate issued by the J.J. Hospital, Mumbai. The learned

Trial Court has made reference to the evidence in findings

recorded in paragraph 14 of the impugned judgment. Herein,

accident had occurred in May, 2017, and at the material time,

applicant was 35 years old.

3 In consideration of the above facts, it would be just

and appropriate to allow the Respondents to withdraw 75% of

the compensation amount deposited by the Appellants, on usual

Undertaking.

4 For the above-stated reasons, the Trial Court shall

permit Respondents/Original Applicants in Application No.415/C-

135 of 2017 to withdraw 75% of the compensation amount

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deposited by the appellants.

5 In consideration of above, appeal is admitted.

6 Call Records and Proceedings from the trial Court.

7 Pending admission, there shall be stay to the

execution of the award subject to above order.

                                   (SANDEEP K. SHINDE, J.)




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