IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE B. VEERAPPA MISCELLANEOUS FIRST APPEAL NO.16 OF 2019 [WC] BETWEEN M/S. COFFEE DAY PVT. LTD., KATHLE KHAN ESTATE, SAMPIGE KHAN POST, N.R.PURA TALUK, CHIKKAMAGALURU, REPRESENTED BY SENIOR GENERAL MANAGER, SRI. CHIDAMBAR B.C., S/O. SRI. CHANDRE GOWDA, AGED ABOUT 52 YEARS, CHIKKAMAGALURU-577 101. ... APPELLANT [BY SRI. VINOD GOWDA, ADVOCATE] AND 1. MADAN KUMAR H.M., S/O. SRI. H.P.MOGANNA GOWDA, AGED ABOUT 30 YEARS, O/C. FIELD SUPERVISOR, M/S. COFFEE DAY PVT. LTD., KATHLE KHAN ESTATE, SAMPIGE KHAN POST, N.R. PURA TALUK, NOW C/O. A.B.C TRADING CO. LTD., K.M. ROAD, CHIKKAMAGALURU DISTRICT-577 101.
2. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., 1ST FLOOR, S.S. COMPLEX, HASSAN-577 101. ... RESPONDENTS THIS MFA IS FILED UNDER SECTION 30(1) OF EMPLOYEES COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 22.08.2017 PASSED ON ECA NO.263/2014 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.1,16,008/- WITH INTEREST AT 12% P.A. AFTER EXPIRY OF ONE MONTH PERIOD FROM THE DATE OF ACCIDENT TILL ENTIRE REALIZATION FROM 1ST RESPONDENT.
THIS MFA COMING ON FOR ORDERS, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellant filed a memo and submits that the appeal may be dismissed as withdrawn with liberty to file an appeal after compliance of the provisions of Section 30 of the Employees Compensation Act, 1923.
2. The memo is placed on record.
The appeal is dismissed as withdrawn.
The office is directed to refund the statutory amount deposited and return the certified copy of the impugned Judgment and Award of the Tribunal to the learned counsel for the appellant forthwith to enable him to file a fresh appeal.
Sd/- JUDGE.
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