1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 49. CA/12232/2009 In FA/1441/2009 WITH CA/6117/2009 In FA/1441/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.B.Ghattol Patil, Adv., for the applicant. Mr.Dhananjay Deshpande, Adv., for respondent no.1. Mr.Girish Rane, Adv., for respondent no.2. ... CORAM: K.U.CHANDIWAL, J. DATE:5-3-2010 P.C.:- 1. Heard. In an accident dt.2nd Dec.,2005, the claimants moved the learned Workmens Compensation Commissioner ( Civil Judge, Senior Division), at Parbhani). The learned Judge considered the evidence and fixed the liability for an amount of Rs.90,000/-. 2. Mr.Deshpande, Counsel for Insurance Company, submits, the employer has in his evidence challenged the relations with the 2 claimant and, consequently, according to him, liability could not have been fastened as has been done by the learned Judge. 3. The Counsel for the claimant has informed that in First Appeal No.1044/2009, this Court has set aside the order to the extent of imposing penalty of Rs.45,000/- on the appellant of the said appeal Uddhav Rangnathrao Pawar and the matter is remitted to the Commissioner for Workmens Compensation at Parbhani, to issue notice, to show cause in respect of the penalty of Rs.45,000/- proposed to be levied by the Commissioner and upon receipt of the explanation, the Commissioner shall hear the appellant and pass appropriate orders. In the said appeal, the other part of the payment is not disturbed. 4. Considering the factual details about the claimants being hard pressed, though there is an objection raised by the appellant Insurance Company, I find, in the 3 fact situation, that claimant to receive the amount of Rs.90,000/- (Rs.Ninety thousand) on certain conditions. Hence order: ORDER The amount of Rs.90,000/- deposited with the learned Commissioner be paid over to the claimant on the claimant furnishing surety to the satisfaction of the learned Judge. Application (No.12232/2009) allowed in above terms. S.O. to 28th April, 2010. (K.U.CHANDIWAL) JUDGE agp/12232-09ca