IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA MISCELLANEOUS FIRST APPEAL No.5280 OF 2019 (ECA) BETWEEN:
The Claim Manager, Royal Sundram Alliance Insurance Company Limited, No.231/Br/2068/B, 1st floor, Abharana Arcade Building, M.G. Road, Tumakuru Represented by The Manager, Royal Sundram Alliance Company Ltd., Subramaniam Building, II Floor, No.1, Club House Road, Anna Salai, Chennai – 600 002. (By Sri. O. Mahesh, Advocate) AND:
1. Kanthamma, Aged 38 years, W/o. late Nataraju, 2. Mohan Kumar, Minor, Aged about 17 years, S/o. late Nataraju, …Appellant 3. Ambuja, Minor, Aged about 15 yearsw, D/o. late Nataraju, Respondent Nos.2 and 3 are Minors by natural Guardian and next friend Kanthamma 1st respondent.
4. Chikkamani @ Chikkamma, Aged about 63 years, W/o. late Sanjeevaiah, All are residing at *5. Rangegowda, Age 63 years S/o Masegowda, R/o Kanchanahalli Village, C.S. Pura Hobli, Gubbi Taluk, Tumakuru District-572101.
Old Residents of Kanchanahalli Village, Now all are residing at Yallapura, Kasaba Hobli, Tumakuru Taluk and District – 572 106.
.... Respondents This Miscellaneous First Appeal is filed under Section 30(1) of the Employees Compensation Act against the judgment and award dated 11.01.2019 passed by the Principal Senior Civil Judge and MACT-X at Tumakuru in ECA No.5/2017.
This Miscellaneous First Appeal coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the appellant files a memo dated 16.10.2019 for withdrawal of the appeal with liberty to file fresh appeal after compliance of provisions *R-5 inserted vide chamber order dated 4.11.2020 of Section 30 of the Employees Compensation Act, 1923.
Said memo is placed on record.
In view of the memo filed, the Miscellaneous First Appeal is dismissed as withdrawn.
Office is directed to return the certified copy of the impugned order to the appellant forthwith to enable the appellant to file fresh appeal.
Sd/- JUDGE PN