THE NEW INDIA ASSURANCE CO.LTD vs DINESHKUMAR J. DUBEY AND ANR

27-fa-1760-2009.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1760 OF 2009 The New India Assurance Co. Ltd. ] Jeevan Seva, 2nd Floor, S. V. Road, ] Santacruz (W), Mumbai 400 054. ] .. Appellant. v/s. 1 Dineshkumar J. Dubey ] residing at R. B. Yadav Chawl ] 068. ] .. Respondents. Mr. S. M. Dange, for the Appellant. Mr. T. J. Mendon, for Respondent No.1 CORAM: FIRDOSH P. POONIWALLA,J. RESERVED ON : 20th NOVEMBER, 2025. PRONOUNCED ON : 15th APRIL, 2026. JUDGEMENT:- The present First Appeal is filed under Section 30 of the Employee’s Compensation Act, 1923 (hereinafter referred to as “the Act”), impugning the Judgement and Order dated 28 th February, 2007 passed by the Commissioner for Workmen’s Compensation and Judge, 6 th Labour Court, Mumbai in Application No. A (WCA) 644/ C-226/2003, allowing the Application. S.R.JOSHI 1 of 20 27-fa-1760-2009.doc 2 In this Judgement, the parties will be referred to as per their description in the Original Application. FACTS:- 3 The Applicant had filed the Application for getting compensation of an amount of Rs.5,20,584/- with interest and penalty from the Opposite Party and the Insurance Company. 4 The A