1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 1264/2011 IN FIRST APPEAL NO.290/2010 ( Dr.Sunil Vedmitra Bajaj vs. Smt. Kunda wd/o Arunrao Chikankar and others) & CIVIL APPLICATION (F) NO. 1267/2011 IN FIRST APPEAL NO. 1157/2010 (Shri Vilas Sapate vs. Smt. Kunda wd/o Arunrao Chikankar and others ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. (Mr.D.T.Shinde, Adv. For appellant / Mrs Thakre for Respondents in F.A.290/10 Mr V.D.Raut, Adv.for appellant / Mrs. Thakre, Adv.for respondents in F.A.No. 1157/2010). CORAM : A.B.CHAUDHARI,J. DATED : 12th October,2011. (COMMON ORDER) Heard. There is an award of compensation made by the Commissioner for Workmen's Compensation in the sum of Rs. 3 lakhs and odd amount plus interest and penalty. In view of the order dated 27th September, 2010, this Court is required to reconsider the matters. The matter relates to payment of compensation to the dependents of the workman who died by falling from third floor of the building under construction. Having regard to the definition of “wokman” read with Schedule II, this Court is of the opinion that prima facie the dependents of the deceased, 2 would be entitled to compensation. There is a demand for withdrawal of an amount of Rs l lakh out of the said amount of compensation plus interest The interest of the dependents of the deceased will have to be looked into, so also of the appellants. Hence, in my opinion, payment of Rs. 50,000/- towards compensation to the dependents of the deceased deserves to be made in each Civil Application. However that shall be with the rider that the respondents/ dependent shall not be allowed to apply for withdrawal hereinafter till final disposal of the Appeals. Appeals deserve to be disposed of finally since the matter relates to payment of compensation to the dependents of the workman. Both the Civil Applications are partly allowed. The respondents /claimants 1 to 3 are allowed to withdraw an amount of Rs. 1 lakh (Rs.50,000/- from C.A. No.1264/2011) and Rs. 50,000/- from C.A. 1267/2011) totalling to Rs. 1 lakh only, subject to furnishing an unusual undertaking on affidavit. Both Civil Applications are disposed of. Put up the Appeals for final hearing after Diwali vacation, 2011. JUDGE sahare