THE NEW INDIA ASSURANCE CO. LTD. v. RAJKUMAR MUNNAR GAUD AND ANR.
IA/2014/2022 · 2026-01-23
Shri Jitendra Shantilal Jain
Public Interest Litigationbody2016
DailyLaw.ai
[ 2016 DAILYLAW 2311 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2016 DAILYLAW 2311 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
ppn 1 914.fast-33314.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.33314 OF 2016 WITH INTERIM APPLICATION NO.2014 OF 2022 The New India Assurance Co. Ltd.
….Appellant/Applicant V/s. Rajkumar Munnar Gaud & Anr. .…Respondents ---- Mr. Himanshu Takke i/by Mr. Milind More for the Appellant/Applicant. ---- CORAM : JITENDRA JAIN, J.
DATED : 23 January 2026 P.C. :
1. Admit on the following substantial question of law : (i) Whether the Commissioner was justified in holding that there exists employer-employee relationship between respondent no.1 and respondent no.2 when the vehicle owned by one Mr. Uttam Bhosale and there is no material on record to indicate that Mr. Pandurang Bhosale-respondent no.2 had employed with respondent no.1 ? (ii) Whether the injury sustained by respondent no.1 constituted
“permanent disability” or “partial disability” and consequently, the Labour Court was justified in coming to the conclusion that the same constitute
“permanent disability ?”
2. Issue notice to the respondents. In addition to the Court notice, private notice is allowed by all permissible modes.
3. Records and Proceedings be called. PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.01.23 15:07:15 +0530
ppn 2 914.fast-33314.16.doc
4. Private paper book/joint compilation of documents to be filed and served on all the parties within one year from today, failing which, the appeal shall stand dismissed without further reference to the Court.
5. The appellant is permitted to serve by paper publication if physical service fails. In view thereof, the interim application does not survive and is disposed of.
(JITENDRA JAIN, J.)