Devendranath S. Joshi

Order - Status 8: CIVIL APPLICATION NO. 1141 OF 2016 ALONG WITH CIVIL APPLICATION NO. 1142 OF 2016 IN FIRST APPEAL (ST.) NO. 16356 OF 2015 The New India Assurance Co. Ltd. .. Applicant Vs. 1. Shri Sandeep Ramchandra Chandole & Anr. .. Respondents Mr.Devendranath S. Joshi, Advocate for applicant. CORAM : N.J. JAMADAR, J. DATE : 13TH MARCH 2019 P.C. CIVIL APPLICATION NO. 1141 OF 2016 1 Heard the learned counsel for the applicant. Issue notice to the respondents, returnable on 4th June 2019. Hamdast granted. Private service is permitted. CIVIL APPLICATION NO. 1142 OF 2016 1 The learned counsel for the applicantinsurer makes a statement that that the applicantinsurer will deposit the entire amount of compensation along with interest and costs as awarded by the learned Commissioner for Workmen's Compensation, Mumbai by the impugned order dated 6th February 2015 in Application (ECA) No. 4/C3/2009. 2 The statement made by the learned counsel for the applicantinsurer is accepted. The applicantinsurer shall deposit the entire amount of compensation along with interest till date and costs as awarded by the learned Commissioner for Workmen's Compensation, Mumbai within a period of four weeks from today, before the learned Commissioner. 3 In the meanwhile, there shall be adinterim stay to the execution and operation of the impugned order. It is, however, made clear that in the event, the applicantinsurer fails to deposit the aforesaid amount as directed above, the adinterim stay shall stand vacated automatically. [N. J. JAMADAR, J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPELLANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH INTERIM APPLICATION NO. 7046 OF 2024 In First Appeal STAMP NO. 16356 OF 2015 Sandeep Ramchandra Chandole ....PETITIONER V/S The New India Assurance Co. Ltd. Through Mumbai Region Office-no.2 ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1142 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1141 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT None for the appellant VISHWAMBHAR MAHADEV PARKAR for Respondent CORAM : HON'BLE SHRI JUSTICE KISHORE C. SANT J DATE : 27th March, 2024 P.C. : At the request of learned counsel for the Respondent , stand over to 24/04/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPELLANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1142 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 1141 OF 2016 In First Appeal STAMP NO. 16356 OF 2015 The New India Assurance Co. Ltd. Through Mumbai Regional Office-i ....APPLICANT V/S Shri. Sandeep Ramchandra Chandole And Anr....RESPONDENT WITH INTERIM APPLICATION NO. 7046 OF 2024 In First Appeal STAMP NO. 16356 OF 2015 Sandeep Ramchandra Chandole ....PETITIONER V/S The New India Assurance Co. Ltd. Through Mumbai Region Office-no.2 ....RESPONDENT Adv. V. M. Parkar for Appellant. CORAM : HON'BLE SHRI JUSTICE KISHORE C. SANT J DATE : 2nd May, 2024 P.C. : S. O. to 09/05/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1832 OF 2017 IN REJECTED CASE NO.16 OF 2018 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 27th August, 2018 In view of the dismissal of First Appeal Stamp No.13947/2017 vide Court's order dated 27/07/2017, this Civil Application for stay does not survive. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 27.08.18

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 1831 OF 2017 In FIRST APPEAL STAMP NO. 13947 OF 2017 The New India Assurance Co.ltd.through Applicant Centralized Motor Tp Claims Hub V/S Mr. Ashok Dayabji Ramparia And Anr. Respondent CORAM : G.S. PATEL, J DATE : 11th July, 2017 P.C. : Due to paucity of time the matter is adjourned, Ad-interim relief if any to continue till then. Stand over to 19/07/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 1831 OF 2017 In FIRST APPEAL STAMP NO. 13947 OF 2017 The New India Assurance Co.ltd.through Applicant Centralized Motor Tp Claims Hub V/S Mr. Ashok Dayabji Ramparia And Anr. Respondent CORAM : G.S. PATEL, J DATE : 19th July, 2017 P.C. : Due to paucity of time the matter is adjourned, Ad-interim relief if any to continue till then. Stand over to 23/08/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 13947 OF 2017 WITH CIVIL APPLICATION NO. 1831 OF 2017 The New India Assurance Co Ltd …Appellant Versus Ashik Dayabji Ramparia & Ors …Respondents Mr Devendranath S Joshi *, for the Appellant/Applicant.* Mrs Varsha Chavan *, for the Respondents Nos. 1 to 4.* CORAM: G.S. PATEL, J DATED: 27th July 2017 PC:- 1. The facts are set out in the judgment delivered today in First Appeal No. 1 of 2015. Here the claimant was the rider of the motorcycle. His father, who was riding pillion, died in the same accident. 2. The same issue as regards the permit was taken in this case. I have rejected the submission. The present case is one of injury. The claimant was admitted to the Sanjivani Hospital on 2nd November 2006. He was operated for a fracture and he was an indoor patient till 17th November 2006. He submitted his medical bills. He had a grade II compound fracture of the humerus with rapid nerve palsy, abrasion and other injuries. He says he has difficulty in moving. He has had body implants. He is unable to carry on his effective work as a mason. His permanent partial disability was estimated at 48% based on the evidence of one Dr Naresh Khanna. The Tribunal awarded him Rs. 25,000/- towards future medical expenses and then proceeded to award an amount of Rs. 3,93,000/- as compensation including NFL. 3. In my view, there is really no reason to interfere with any part of the award. The MACT has correctly assessed every aspect of it including taking into account that the fracture was to the right hand and, therefore, taken a slightly higher amount towards the disability compensation. 4. I do not think it is possible to fault the conclusions of the Tribunal. The principles that have been established by the Supreme Court in Arvind Kumar Mishra vs New India Assurance Co Ltd ** 1 ** regarding the duty of the Court to provide reasonable restitution to the claimant have been followed in letter and in spirit. 5. The statutory deposit of Rs. 25,000/- is to be transferred to the MACT, Mumbai within two weeks from today. 6. The claimant is entitled to withdraw the entire amount with all accrued interest. The MACT will permit such withdrawal on production of an authenticated copy of this order. 1 (2010) 10 SCC 254. 7. The appeal is dismissed. There will be no order as to costs. 8. The civil application does not survive and is disposed of as infructuous. (G. S. PATEL, J)