1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal NO. 255/2010 (Savitabai Ashok Sahu VERSUS Dnyaneshwar Bapurao Irpate & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Ghate, counsel for the appellant. Shri G.N. Khanzode, counsel for the R-2. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 30, 2010 . Heard. The first appeal is ADMITTED on the following substantial questions of law. I) Whether the respondent-claimant was entitled to simultaneously file proceedings under the Workmen’s Compensation Act and Motor Vehicles Act, 1988 for grant of compensation ? II) Whether the employer of the claimant was necessary party to the proceedings under the Workmen’s Compensation Act ? C.A.F. NO. 3242/2009. Heard. None appears on behalf of the respondent no.1, though served. 2 The learned counsel for the appellant states that the respondent-claimant has received the compensation towards No Fault Liability under the provisions of the Motor Vehicles Act. In view of the admission of the first appeal on the substantial question of law, the judgment passed by the Commissioner, Workmen’s Compensation is stayed during the pendency of the first appeal. The amount deposited by the appellant may be placed in a fixed deposit account of a nationalised bank initially for a period of three years and the same should be renewed from time to time during the pendency of the first appeal. The civil application is allowed and disposed of. JUDGE APTE