IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE B.VEERAPPA M.F.A. No.2744/2019(ECA) BETWEEN:
THE BRANCH MANAGER UNITED INDIA INSURANCE CO., LTD., RUB BUILDING, B.H.ROAD SHIVAMOGGA.
THROUGH ITS DIVISIONAL OFFICE No.34/3, MMK COMPLEX AKKAMAHADEVI ROAD P.J.EXTENSION DAVANAGERE – 577 002.
REP. BY ITS DIVISIONAL MANAGER SRI SURENDRA P GAONKAR.
..APPELLANT (BY SRI B C SEETHARAMA RAO, ADVOCATE) AND:
1. SMT.MANJAMMA AGED ABOUT 48 YEARS W/O LATE CHADRAPPA OCC:AGRICULTURIST RESIDENT OF GOLLARAHATTI VILLAGE, CHIKKODA POST CHANNAGIRI TALUK DAVANAGERE DISTRICT.
2. MR. SYED MUNAVAR AGED ABOUT 34 YEARS S/O MR.SYED ISA @ SYED ISSAK RESIDENT OF TIPUNAGARA HOLALKERE TOWN HOLALKERE TALUK & CHITRADURGA DISTRICT.
(DRIVER OF SHIVA BUS No.KA.15-6403) 3. SRI MARULASIDDESHWARA R J MAJOR IN AGE S/O R M JAYAPPA RESIDENT OF ASHWATHA NAGAR 5TH CROSS, ‘HONGIRANA NILAYA’ AJJIHALLI VILLAGE CHANNAGIRI TALUK & DAVANAGERE DISTRICT (OWNER OF SHIVA BUS No.KA.15-6403) ..RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1)OF THE EMPLOYEE’S COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.11.2017 PASSED ON ECA No.1/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, AWARDING COMPENSATION OF Rs.6,59,550/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellant filed a memo seeking permission to withdraw the appeal with liberty to file fresh appeal after complying with the provisions of the Employee’s Compensation Act, 1923.
2. Memo is placed on record.
3. Appeal is dismissed as withdrawn with liberty to appellant to file fresh appeal after compliance of provisions of The Employee’s Compensation Act, 1923 by depositing the amount before the Tribunal.
4. Office is directed to return the certified copy of the impugned Judgment and award to the counsel for appellant forthwith.
Sd/- JUDGE SBN