1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.560/2011 VINOD HARIBHAU AMBADKAR ..VS.. SMT.SANGITA GANGADHAR SHENDE & OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R.S.Sundaram, adv for appellant Shri D.M. Upadhye, adv for R-1. CORAM:A.B. CHAUDHARI, J. DATE : 19.12.2011. Heard. By order dated 12.12.2011 Advocate Mr. Upadhye was asked to take instructions from his client. Today Shri Upadhye and his client Smt. Sangita are present and state that they are not willing to accept Ex-gratia amount of Rs.50000/-. In view of the above, Mr. Sundaram is relieved of the statement made on behalf of his client that ex-gratia amount of Rs.50,000/- would be paid, if appeal is disposed of finally in terms of ex-gratia payment. Since respondent is not consenting, he has requested for final disposal of the appeal. The appeal is admitted on the following questions of law: 1] Whether the finding about employer- 2 employee relationship recorded by the Commissioner is perverse? 2] Whether the finding that there was accident in the course of employment is perverse? Shri Upadhye, waives notice on behalf of respondent no.1. CIVIL APPLICATION CAF NO.1684/2011 Heard. Interim order confirmed. Amount deposited in this court shall be invested in fixed deposit as per standing orders. Civil application stands disposed of. CIVIL APPLICATION CAF NO.3297/2011 Civil application for withdrawal of amount is rejected, in view of the prima facie case made out by the appellant. Hearing of the appeal is expedited. JUDGE SMP