1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No.2020/2009 in First Appeal No.1063/2009. (Executive Engineer, P.W.D., Nagpur ..V/s.. Suresh Kapse) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.G. Jagtap, Advocate for applicants. Mr. P.D. Naukarkar, Advocate for non-applicant. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 06, 2009. Heard learned counsel for the parties. The learned counsel for the applicants relied on the provisions of section 4 (1) (c) (i) of the Workmen’s Compensation Act, 1923 to submit that there was not only no loss of income but there was no loss of earning capacity caused to the claimant by the injury. Learned counsel for the non-applicant however, relied on the explanation II of sub-section (1) of section 4 of said Act to substantiate his submission that the payment or allowances which the non-applicant had received from the applicants shall 2 not be considered by way of compensation within the meaning of clause (a) of the proviso. Since in this case it is not disputed that the non-applicant was paid the amounts after the period he sustained injury in the year 1998, applicants are directed to deposit 50 % of the decreetal amount in this Court within a period of four weeks from the date of this order. Application is allowed to the aforesaid extent and disposed of. The matter be listed for admission after the amount is deposited in this Court. JUDGE Tambaskar.