HIGH COURT OF BOMBAY
GOPAL @ GOPICHAND SAHEBRAO PATIL SINCE (DECEASED) SUNIL PATIL – Appellant
Versus
IFFCO TOKIO GENERAL INSURANCE CO. LTD – Respondent
CA 5061/2020
1 WP-6176-2020CA-5061-2020.odt
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