1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 17. FA/330/2009 WITH CA/3472/2008 In FA/330/2009 With CA/3576/2009 In FA/330/2009 With CA/3577/2009 In FA/330/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Dhananjay Deshpande, Adv., for the appellants. Mr. R.B.Bhosale, Adv., for respondent nos. 1 to 3. ... CORAM : K.U. CHANDIWAL, J. DATED : 13th July, 2009 ... P.C.:- 1. Heard Counsel extensively (First Appeal No.330/2009). The matter is decided at admission stage finally. 2. On 12.5.2005, in an accident, the claimant sustained injuries, proved before the learned Member to be 10 per cent permanent disablement. The claim petition was not 2 attended by the Counsel engaged by the appellant Insurance Company, hence it was without there being any defense. The Insurance Company feels aggrieved by the award. According to the Counsel, the absence on its part to prosecute the matter, though is obvious, it is not deliberate. The liability fixed against it, is in breach of terms of the policy. 3. It is a matter of record, the learned Judge was not equipped with the policy to comprehend as to what could be the nature of indemnity. During the course of submissions, it is informed by Mr.Bhosale, Counsel, that his clients have received 50 per cent of the amount deposited by the appellant Insurance Company. 4. The negligence on the part of the Counsel, should basically not foreclose rights of the appellant and, at the same time, should not destroy, the contentions agitated by the original petitioner, including sufferings he is contemplating. The matter can be balanced by allowing the appellant to lead evidence and pay costs, as under: 5. The appeal (No.330/2009) is partly allowed. The appellant Insurance Company is allowed to participate in the proceedings of MACP 3 No.278/2006, upon payment of costs of Rs.5,000/- within four weeks, directly to the original claimant. Civil Applications disposed of. (K.U.CHANDIWAL) JUDGE agp/fa330-09