IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 ` BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.1838/2016 (WC) BETWEEN :
Shri. A. P. Ahamed Chicken Merchant Mutton Market Road, Hassan-573 201 ... Appellant (By Sri. Shripad V. Shastri, Advocate) AND :
1. Smt. Manjula W/o Venkatesh Aged about 33 years, 2. Pavithra D/o Venkatesh Aged about 17 years, R/o Behind Tollgate Holenarasipura Road, Hassan City 3. Lakshmikantha S/o Venkatesh Aged about 15 years, R/o Behind Tollgate Holenarasipura Road, Hassan City.
(Vide Order dated 20.11.2017 R3 is deleted) 4. The Oriental Insurance Co Ltd., S V Nilaya, Gandhi Bazaar Circle B M Road, Hassan.
By its Manager-573 201 …Respondents (By Sri. M Narayanappa, Advocate for R4 R1 & 2 served) This M.F.A. is filed under Section 30(II) of W.C. Act against the Judgment and Award dated 18/11/2003, passed on WCA/F/SR 45/2001 on the file of the Labour Officer and Commissioner for Workmen Compensation, Hassan District, Hassan, awarding the compensation of Rs. 1,69,440/- with interest at 12% p.a. from the date of petition till the deposit This M.F.A. coming on for Orders, this Day, the Court delivered the following:
J U D G M E N T This appeal is filed by the appellant challenging the order of the Labour Court, Commissioner for Workmen Compensation, Hassan District, Hassan, in W.C.A.No.F/SR/45/2001 dated 18.11.2003 in awarding compensation of Rs.1,69,440/-.
2. The learned counsel for the appellant has filed IA.NO.1/2017 seeking permission of this Court to produce B register extract of vehicle bearing No:KA-13- 3778 by way of additional document and submitted that the appellant is not a RC owner of the vehicle. For the reasons stated in application IA.No.1/2017 is allowed.
3. The learned counsel for the appellant requests this Court to remand this matter to the Court below to consider B register extract and pass fresh orders.
4. The submission of the learned counsel for the appellant is accepted as there is genuine ground to remit the matter to the Court below for fresh consideration of the matter.
5. Accordingly, the appeal is allowed and the matter is remitted back to Court below to consider the matter afresh after taking into consideration of B register extract stating that he is not the RC owner of the vehicle in question.
6. Both the parties are directed to appear before the Court below on 05.01.2018 without waiting for notice from the Court below.
The Registry is directed to forward the copy of the IA.No.1/2017 to the Court below.
Sd/- JUDGE Ag