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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 6176 OF 2020

WITH

CIVIL APPLICATION NO. 5061 OF 2020

IN

WRIT PETITION NO. 6176 OF 2020

GOPAL @ GOPICHAND SAHEBRAO PATIL

Since deceased

SUNIL SAHEBRAO PATIL

Age: 37 years, Occu: Business,

R/o: 2069, Deshmukh Galli, Erandol,

Taluka Erandol, District Jalgaon.

…

Petitioner

(Orig. Claimant)

Versus

IFFCO TOKIO GENERAL INSURANCE CO. LTD.

Above ICICI Bank, Shahunagar,

Jalgaon

Through its Manager

… Respondent

…..

Advocate for the Petitioner : Mr. S. S. Bora

Advocate for the Respondent : Mr. S. G. Chapalgaonkar

.....

CORAM : V. K. JADHAV, J.

RESERVED ON : 30.09.2020

PRONOUNCED ON : 22.04.2021

ORDER :-

1.

By this Writ Petition, the petitioner is challenging the

order dated 07.08.2020 passed by the learned Commissioner

vre/-

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for Workmen’

s Compensation and the Judge, Labour Court,

Jalgaon in Misc. WCA No. 7 of 2020 in WCA No. 18 of 2015

whereby the application filed by the present petitioner

seeking withdrawal of the amount of compensation of

Rs.5,00,000/- deposited by the respondent-insurer in terms

of the compromise decree dated 08.02.2020 passed by the

National Lok Adalat came to be rejected.

2.

Brief facts giving rise to the present Writ Petition are as

follows:

a.

Deceased Gopal @ Gopichand was working as a

second Driver on the pick-up van with employer Devidas

Ramdas Wani. On 03.09.2014, when deceased Gopal along

with one Dnyaneshwar Deshmukh was proceeding from

Erandol to Pune, on Nashik-Pune Highway, near village

Kalamb, one layland truck coming from the opposite

direction gave dash to the pick-up van. In consequence

thereof, deceased Gopal @ Gopichand and said

Dnyaneshwar had sustained severe injuries. Injured

Dnyaneshwar Deshmukh succumbed to the injuries.

vre/-

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However, injuries sustained by deceased Gopal @ Gopichand

resulted into permanent disablement.

b.

Thus, deceased Gopal @ Gopichand filed WCA No. 18

of 2015 for compensation of Rs.10,00,000/- from the

original opponent no.1-employer and the respondent-insurer

herein. During pendency of WCA No. 18 of 2015, Gopal @

Gopichand (original claimant) died on 30.04.2017.

Deceased Gopal @ Gopichand was unmarried and his

parents also died prior to his death. Consequently, the

petitioner herein, who is the real brother, filed an application

Exhibit U-37 for substitution as a legal heir/legal

representative. By order dated 03.11.2018, learned Judge of

the Labour Court, Jalgaon was pleased to allow the

application and permit the present petitioner to prosecute

the original application as legal heir of the original claimant.

c.

On 08.02.2020, National Lok Adalat was held and

WCA No. 18 of 2015 was also placed before the National Lok

Adalat. The petitioner and the respondent-insurer have

arrived at an amicable settlement and in view of the

settlement terms arrived at between the parties, the Judge,

vre/-

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Labour Court has passed the award. The said WCA No. 18 of

2015 was disposed off finally at Rs.5,00,000/-. On

04.03.2020, the respondent-insurer has deposited the said

amount of Rs.5,00,000/- in terms of the compromise above.

d.

On 12.06.2020, the petitioner filed an application

seeking withdrawal of the amount deposited by the

respondent-insurer. Initially, on 29.07.2020, learned Judge,

Labour Court has directed the petitioner to place on record

the document indicating that he is the real brother of the

original claimant. By the impugned order dated 07.08.2020,

the learned Commissioner for Employee’s Compensation and

the Judge, Labour Court, Jalgaon has rejected the

application seeking withdrawal of the amount on the groun