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.4317/2019(ECA) BETWEEN:
THE MANAGER CHOLAMANDALM MS GENERAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE No.9/1 ULSOOR ROAD, BANGALORE – 560 002. BY THE CLAIMS MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED UNIT No.04, NINTH FLOOR (LEVEL -06) “GOLDEN HEIGHTS” COMPLEX 59TH ‘C’ CROSS INDUSTRIAL SUBURB RAJAJINAGAR, 4TH ‘M’ BLOCK BENGALURU – 560 010 BY IT’S MANAGER.
(BY SRI O MAHESH, ADVOCATE) AND:
1. CHIKKAMMA AGED 48 YEARS ..APPELLANT W/O NINGAPPA 2. SRI NINGAPPA AGED 53 YEARS S/O LATE RAMAIAH 3. SRI LOKESH N AGED 28 YEARS S/O NINGAPPA ALL R/O PURADAKATTE VILLAGE HEBBUR HOBLI, TUMAKUR TALUK AND DISTRICT.
4. SRI SIDDAGANGAIAH AGED ABOUT 61 YEARS S/O LATE GADDIGEPPA RESIDING AT SAMUDRANAHALLI VILLAGE, HEBBUR HOBLI TUMAKURU TALUK & DISTRICT – 572 101.
..RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.01.2019 PASSED IN ECA No.10/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-X, TUMAKURU, AWARDING COMPENSATION OF Rs.6,48,910/- WITH INTEREST AT 12% P.A. FROM ONE MONTH AFTER THE DATE OF ACCIDENT TILL PAYMENT.
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 compliance of Section 30(1) 3rd proviso of the Employee’s Compensation Act, 1923.
2. Memo is placed on record.
3. Appeal is dismissed as withdrawn with liberty as prayed for.
4. Office is directed to return the certified copy of the impugned Judgment and award to the learned counsel for appellant forthwith.
Sd/- JUDGE SBN