Neelabai Subhash Wagatkar And Another vs M/S Shriram General Insurance Co. Ltd., ...
2024 Latest Caselaw 1631 Bom

Bombay High Court

Neelabai Subhash Wagatkar And Another vs M/S Shriram General Insurance Co. Ltd., ... on 19 January, 2024

2024:BHC-AUG:1599
                                                 1                    22-CA-11397-21.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                              CIVIL APPLICATION NO. 11397 OF 2021
                                          IN FA/262/2021

                          NEELABAI SUBHASH WAGATKAR AND ANOTHER
                                             VERSUS
                      M/S SHRIRAM GENERAL INSURANCE CO. LTD., NANDED
                                          AND OTHERS
                                                ...
                      Advocate for Applicants : Mr. Surendra V. Suryawanshi
                     Advocate for Respondents No.1 and 2 : Mr. Anil P. Basarkar
                                                ...

                                                     CORAM : S. G. MEHARE, J.

DATE : 19-01-2024

PER COURT :-

1. Heard the learned counsel for the applicants.

2. There is a dispute about employment of the deceased.

Hence, insurance company preferred appeal. However, prima

facie it appears that the deceased died in a vehicular accident.

The award of Rs.4,48,000/- was passed. The deceased was a

loader and unmarried.

3. In the facts and circumstances of the case, the application

deserves to be partly allowed. Hence, the order;

i) The application is partly allowed.

2 22-CA-11397-21.odt

ii) The applicants are entitled to withdraw Rs.3,00,000/- with

proportionate accrued interest, on furnishing an undertaking

that they will re-deposit the amount, if the judgment and

award is reversed.

iii) The learned Ex-officio Commissioner of Employees

Compensation and Judge Labour Court at Nanded, is directed

to release the amount after obtaining undertaking.

( S. G. MEHARE ) JUDGE

rrd