Prashant Bharatsing Pardeshi vs Jaising Alloys Private Limited Thr Its ...
2024 Latest Caselaw 1622 Bom

Bombay High Court

Prashant Bharatsing Pardeshi vs Jaising Alloys Private Limited Thr Its ... on 19 January, 2024

2024:BHC-AUG:1585
                                                  1                      35-CA-11554-23.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                               CIVIL APPLICATION NO. 11554 OF 2023
                                           IN FA/950/2022

                               PRASHANT BHARATSING PARDESHI
                                            VERSUS
                                JAISING ALLOYS PRIVATE LIMITED
                            THROUGH ITS OWNER SHARAN JAISING
                                               ...
                          Advocate for Applicant : Mr. Kachru A. Ingle
                      Advocate for Respondent : Mr. C. T. Jadhav holding for
                                                Mr. S. S. Dambe
                                               ...

                                                      CORAM : S. G. MEHARE, J.

                                                      DATE      : 19-01-2024
                PER COURT :-

1. Heard the learned counsel for the applicant and the learned

counsel for the respondent.

2. A small amount of Rs.3,08,925/- has been awarded.

However, the learned counsel for the respondent/appellant is

seeking time to file reply. The grounds of the appeal may be

considered as reply. The appellant has preferred an appeal on the

ground that the Medical Officer was examined. Therefore,

disability has not been proved. The injury sustained to the

applicant/claimant was recoverable and does not fall in the

definition of 'permanent disability'.

3. Considering the facts and circumstances of the case that the

applicant has suffered burn injuries, following order is passed.

2 35-CA-11554-23.odt

i) The application is partly allowed.

ii) The applicant is entitled to withdraw 50% of the amount

deposited with accrued interest. The remaining amount be

invested in a fixed deposit.

iii) The learned Tribunal is directed to allow the applicant to

withdraw 50% of the amount deposited as directed with an

undertaking that he will re-deposit the amount, if the

impugned judgment and order is reversed.

( S. G. MEHARE ) JUDGE

rrd