National Insurance Company Ltd. Office Nagpur and Kolhapur through Its Regional Manager Vs Mrs. Teju @ Deepa Vitthal Kamble and Others — Bombay HC (2025) — LawSathi Research

National Insurance Company Ltd. Office Nagpur and Kolhapur through Its Regional Manager Vs Mrs. Teju @ Deepa Vitthal Kamble and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both civil applications allowed. CAF No. 1433 of 2024: permission granted to amend the appeal memo in First Appeal No. 759 of 2022 to plead death due to 'Hypertrophic Cardiomyopathy disease' instead of heart attack; amendment to be carried out within two weeks and copy of the amended memo supplied to the other side within two weeks thereafter; matter listed after four weeks. CAF No. 4451 of 2019: allowed in terms of prayer Clause (1); appellant's statement of deposit of the entire decretal amount with interest before the Labour Court, Nagpur/Commissioner accepted.

Issue for consideration

Whether the applicant/appellant (National Insurance Company Ltd.) should be permitted to amend the appeal memo in First Appeal No. 759 of 2022 to plead that the deceased died due to 'Hypertrophic Cardiomyopathy disease' and not a heart attack, the Commissioner under the Employees' Compensation Act/Labour Court, Nagpur having recorded death due to a heart attack. +1 more

Court's answer

Application (CAF No. 1433 of 2024) for amendment of the appeal memo is allowed as prayed: after going through the opinion of the Civil Surgeon and M.M.S. Officer, Dr. M.S. Gedam, the Court found substance in the contention that the deceased died due to Hypertrophic Cardiomyopathy disease and not a heart attack.

Ratio / Principle

Applicant directed to carry out the amendment within two weeks and supply a copy of the amended memo of appeal to the other side within two weeks thereafter; matter to be listed after four weeks.

Key takeaways

In CAF No. 4451 of 2019, the appellant's statement that the entire decretal amount along with interest stands deposited before the Labour Court, Nagpur/Commissioner is accepted.ratio¶21
CAF No. 4451 of 2019 is allowed in terms of prayer Clause (1).ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Abhay J. Mantri, J., 24.07.2025 — orders on two civil applications in First Appeal No. 759 of 2022, an appeal concerning a Commissioner/Labour Court, Nagpur finding under the Employees' Compensation Act that a deceased workman died of a heart attack. (1) CAF No. 1433 of 2024 by National Insurance Company Ltd. (applicant/appellant) for amendment of the appeal memo to substitute the cause of death as 'Hypertrophic Cardiomyopathy disease' rather than heart attack, supported by the opinion of the Civil Surgeon and M.M.S. Officer, Dr. M.S. Gedam: allowed as prayed; amendment within two weeks, copy of amended memo to the other side within two weeks thereafter, matter listed after four weeks. (2) CAF No. 4451 of 2019: appellant's statement that the entire decretal amount with interest stands deposited before the Labour Court, Nagpur/Commissioner accepted; application allowed in terms of prayer Clause (1). Counsel: V.B. Maldhure for appellant; S.W. Sambre for respondent Nos. 1 to 3.

1 28 fa 759-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAF) NO. 1433 OF 2024 IN

FIRST APPEAL NO. 759 OF 2022

National Insurance Company Ltd., having its Regional Office at Nagpur, also has an office at Kolhapur through its Regional Manager

Vs.

Mrs. Teju @ Deepa Vitthal Kamble and others

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

Court's or Judge's orders

- - - - Shri V.B. Maldhure, Advocate for appellant

Shri S.W. Sambre, Advocate for respondent Nos. 1 to 3

CORAM : SHRI ABHAY J. MANTRI, J. DATED : 24.07.2025

Applicant/appellant has filed this application to permit it to amend the appeal memo as, on inspection of the record and proceedings, he found that the deceased died due to ‘Hypertrophic Cardiomyopathy disease’, and not by a heart attack. However, the observation made by the learned Commissioner under the Employees’ Compensation Act/Labour Court, Nagpur, is that the deceased died due to a heart attack. Therefore, he submitted that the said finding appears contrary to the medical report, and hence, he wants to amend the appeal memo in that regard.

I have gone through the opinion of the Civil Surgeon and M.M.S. Officer, Dr. M.S. Gedam. I found substance in his contention in that regard; hence, the application is allowed as prayed.

2 28 fa 759-2022.odt

Applicant is directed to carry out the amendment within two weeks and supply a copy of the amended memo of appeal to the other side, within two weeks thereafter.

List the matter after four weeks.

CIVIL APPLICATION (CAF) NO. 4451 OF 2019

It appears that the appellant has deposited the entire decretal amount along with interest before the Labour Court, Nagpur/Commissioner. Accordingly, he has filed the pursis and also made the statement in paragraph 6 of the application in this regard.

His statement is accepted.

Having considered the said facts and the reasons disclosed in the application, the application is allowed in terms of the prayer Clause – (1).

( ABHAY J. MANTRI, J.)

Jayashree….