1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NOs. 3989 & 3990 OF 2009 IN FIRST APPEAL (st.) NO. 24042 OF 2000 The New India Assurance Co.Ltd. ..... Applicant Vs. Ravindrakumar Barsati Yadav & anr.... Respondents Ms. Poonam Mital Adv. for the applicant Mr. T.J. Mendon Adv. for the respondent no.1. CORAM : R.G. KETKAR, J. DATE : 16th July, 2010. P.C. : 1. This application is for condonation of delay of 68 days in filing the application. Heard Ms. Poonam Mital, learned counsel for the applicant and Mr.Mendon, learned counsel for the respondent no.1. 2. The applicant has preferred the First Appeal challenging the judgment and order dated 11-5-2009 passed by learned Commissioner for Workmen’s Compensation, whereby the applicant and respondent no.2 herein are ordered to pay jointly and severally deposit amount of Rs. 5,12,568/- together with interest @ 12% after one month of accident 2 till realization of the entire amount. The learned counsel for the applicant submits that under the provisions of Workmen’s Compensation Act, award of interest has to be made from the date of the award i.e.after 11th May 2009 and not after one month of the accident. On the other hand Mr. Mendon, learned counsel for the respondent states that under sec. 4 A of the Workmen’s Compensation Act compensation is to be paid as soon as it fell due. Considering the controversy raised between the parties, in my opinion, the First Appeal requires to be decided on merits rather than dismissing it on the ground of delay. Hence C.A. 3989/2010 for condonation of delay is allowed in terms of prayer clause (a) with no order as to costs. [R.G. KETKAR, J.] 3 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3990 OF 2009 IN FIRST APPEAL (st.) NO. 24042 OF 2000 The New India Assurance Co.Ltd. ..... Applicant Vs. Ravindrakumar Barsati Yadav & anr.... Respondents Ms. Poonam Mital Adv. for the applicant Mr. T.J. Mendon Adv. for the respondent no.1. CORAM : R.G. KETKAR, J. DATE : 16th July, 2010. P.C. : 1. This application for stay of the execution of the impugned judgment and order dated 11-5-2009 passed by the learned Commissioner for Workmen’s Compensation, Pune in Application (WCA) No. 351/C 119/2007. Heard Ms. Poonam Mittal for the applicant and Mr. Mendon for the respondent no.1. 2. Time to deposit the amount as ordered by this court on 3-2-2010 is extended till 22-7-2010. Office to accept the amount to be deposited by the applicant. On such deposit being made the respondent no.1 is 4 permitted to withdraw Rs.5,12,568/- unconditionally. C.A. is allowed in terms of prayer clause (a) with no order as to costs. 3. List the First Appeal for admission 22-7-2010. [R.G. KETKAR, J.]