THE NEW INDIA ASSURANCE CO. LTD. v. SMT. DHOBUNI SANTOSH NAYAK AND ORS.
CAF/1676/2016 · 2026-03-18
Shri Jitendra Shantilal Jain
body2015
DailyLaw.ai
[ 2015 DAILYLAW 2713 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2015 DAILYLAW 2713 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
17-FA(ST)-31857-2015.doc rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.31857 OF 2015 WITH CIVIL APPLICATION NO.1675 of 2016 WITH CIVIL APPLICATION NO.1676 of 2016 The New India Assurance Co. Ltd … Appellant Versus Smt. Dhobuni Santosh Nayak And Ors. ...Respondent _____________________________________________________ Ms. Poonam Mittal for the Appellant. Mr. Prathamesh Mandlik a/w. Ms. Sejal Singh i/b Mr. Nitesh V. Bhutekar for the Respondent. _____________________________________________________
CORAM :
JITENDRA JAIN, J.
DATED :
18 MARCH 2026 P. C.:
CIVIL APPLICATION NO.1675 of 2016
1. There is delay of 47 days in filing the present appeal. For the reasons stated in the Civil Application, delay is condoned. Registry to number the appeal finally. Civil Application is allowed.
CIVIL APPLICATION NO.1676 of 2016
2. This application is filed for stay of the impugned order dated 29 July 2015 passed under the Employees Compensation Ac,t 1923.
Learned counsel for the applicant states that decretal amount has been deposited with the Commissioner. 1 of 3 RAJESHWARI SUBODH KARVE Digitally signed by RAJESHWARI SUBODH KARVE Date: 2026.03.18 17:13:36 +0530
17-FA(ST)-31857-2015.doc
3. In view thereof, operation of the impugned order dated 20 July 2015 is stayed till the disposal of the Appeal.
4. Civil Application is disposed of.
FIRST APPEAL (ST) NO.31857 OF 2015
5. Admit on the following substantial questions of law:
1. Whether the Commissioner was justified in awarding interest against the Insurance Company contrary to the terms and conditions of the Insurance Policy ?
2. Whether the Commissioner was justified in coming to the conclusion that the applicant is entitled to compensation though he was an employee of a sub- contractor ?
6. Issue notice to the respondents. Mr. Bhutekar, learned counsel waives service for respondent.
7. Compilation of documents in the format of private paper book to be filed within six months from today failing which Appeal shall stand dismissed without recourse to the Court and no application for extension will be entertained.
8. Records & Proceedings be called.
9. Appeal to come up for hearing after paper book is filed and same is not dismissed. 2 of 3
17-FA(ST)-31857-2015.doc [ JITENDRA JAIN, J. ] 3 of 3