IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA MISCELLANEOUS FIRST APPEAL NO.6571 OF 2017(ECA) BETWEEN:
CENTRAL WARE HOUSING CORPORATION, MYSUGAR CO LTD, PREMISES AND GANADALU GODOWN, MANDYA TALUK AND DISTRICT, REP. BY ITS GODOWN MANAGER, SURESH-571401. ...APPELLANT (BY SRI N S BHAT , ADVOCATE) AND:
1. CHIKKALINGAIAH, S/O. LATE. DODDABAHDRAIAH, AGED ABOUT 51 YEARS, R/AT 1703/C, OLD POST OFFICE ROAD, 1ST CROSS, KALLAHALLI, MANDYA – 571401.
2. THE RELIANCE GENERAL INSURANCE CO LTD., 1ST FLOOR, KRUTHIKA ARCADE, NEAR N R CIRCLE, HASSAN – 573201.
3. SRI. H M PRAKASH, S/O. MOOGANNAGOWDA, AGED ABOUT 50 YEARS, LORRY OWNER, R/AT HARADURUHALLI VILLAGE, GANJALAGUDU POST, ARAKALAGUDU TALUK, HASSAN DISTRICT-573201.
4. SRI. MANJESH, AGED ABOUT 55 YEARS, CONTRACTOR, R/AT MARUTHI TRANSPORT, MANDYA CITY CENTRAL WARE HOUSING CORPORATION, GANADALU, MANDYA TALUK AND DISTRICT - 571401. …RESPONDENTS **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF EMPLOYEE’S COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED: 25.03.2017, PASSED IN ECA NO.76/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, AND COMMISSIONER FOR EMPLOYEES COMPENSATION, MADNYA, AWARDING COMPENSATION OF RS.7,39,000/- ALONG WITH INTEREST @ 12% P.A., FROM THE DATE OF ACCIDENT (i.e., 06.08.2013) TILL DATE OF DEPOSIT OF THE SAME.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Sri N.S.Bhat, learned counsel for the appellant has filed a memo dated 13.11.2019 seeking to withdraw the appeal with the liberty to file fresh appeal after compliance of Section 30 of Employees Compensation Act, 1923.
2. Memo is placed on record.
3. Accordingly, this appeal is dismissed as withdrawn with the liberty as prayed for.
Office is directed to return the certified copy of the impugned judgment and award forthwith to the learned counsel for the appellant.
Sd/- JUDGE BSR