Binaya Kumar Swain vs The Managing Director, Kadamba ...
2024 Latest Caselaw 24211 Bom

Bombay High Court

Binaya Kumar Swain vs The Managing Director, Kadamba ... on 16 August, 2024

Author: M.M. Sathaye

Bench: M.M. Sathaye

                                                                                                  48 FA-1039-2023.doc




                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                                        FIRST APPEAL NO.1039 OF 2023
                               Binaya Kumar Swain                                               ...Appellant
                                     Versus
                               The Managing Director,            Kadamba          Transport ...Respondent
                               Corporation Ltd., Goa
                                                                     ***

                               Mr. T.J. Mendon, for Appellant.
                                                                     ***



                                                                           CORAM : M.M. SATHAYE, J.

HUSENBASHA HUSENBASHA RAHAMAN RAHAMAN DATE : 16 AUGUST 2024 NADAF NADAF Date: 2024.08.16 18:57:28 +0530

P.C. :

1. Learned counsel for the Appellant tenders compilation of the documents as per the earlier order. The same is taken on record.

2. It is pointed out by the learned counsel for the Appellant that notice for final disposal is already issued on 2/11/2023 and sole Respondent is already served. Nobody appears for the Respondent.

3. By the impugned Judgment and Award, compensation is granted to the Appellant- original claimant. Mr. Mendon, learned counsel for the Appellant submits that this is an Appeal for enhancement. He submits that the expenses towards hospitalization and medical bills ought to have been granted as claimed.

4. Since nobody is appearing for Respondent, the Court is constrained to defer the hearing of the Appeal. Stand over to 13 September 2024. Respondent is put to notice that if none appears for

48 FA-1039-2023.doc

Respondent on the next occasion, the Court may consider proceeding ex-parte.

5. The Appellant will serve copy of this order upon the Respondent and file affidavit of service.

6. In the meantime, call record and proceedings from the concerned Tribunal.

(M.M. SATHAYE, J.)