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2007 Supreme(Bom) 1707

B.P.DHARMADHIKARI
United India Insurance Co. Ltd. – Appellant
Versus
Radhabai wd/o Marotrao – Respondent


Advocates:
Advocate Appeared
Shri V.R. Thakur, Advocate for the appellant.
Shri Manoj Rajan Pillai, Advocate for the respondents.

ORAL JUDGMENT :

By this appeal filed under Section 30 of the Workmen's Compensation Act, 1923, the Insurance Company is challenging the judgment dated 30.3.1990 delivered by the Commissioner for Workmen's Compensation, Yavatmal, in Workmen's Compensation Case No.11 of 1988. The said case was filed by relatives of deceased employee . Tukaram Kharate claiming compensation on account of accidental death of said Tukaram on 2.5.1987 in the night hours. The Commissioner has awarded compensation of Rs.82,380/- with 6% interest from 2.5.1987 till payment in full. This Court has by order dated 12.4.1991 permitted the present Respondents No. 1 & 2 to withdraw the amount by furnishing security. However, on 28.10.1993, that order came to be modified and 50% of share of each of these respondents No. 1 & 2 was only permitted to be withdrawn without furnishing any security. On 25.4.2003, this Court permitted Respondent No.3 to withdraw his share. It is, therefore, apparent that only share of Respondent No.4 and half share of Respondent Nos. 1 & 2 each is now lying in balance with the Commissioner. In other words, half of the amount deposited has been withdrawn by the claimants.

2. The present Resp













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