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.3421/2018(WC) BETWEEN:
SRI MAHESH P M S/O MANOHAR P S AGED ABOUT 38 YEARS R/AT No.18 NEAR PANCHAYATH OFFICE, HORAMAVU MAIN ROAD HORAMAVU BENGALURU – 560 043.
(BY SRI LEELADHAR H P, ADVOCATE) AND:
1. SMT.MAHADEVI W/O LATE HANUMANTHA AGED ABOUT 62 YEARS R/AT 4TH CROSS BASAVANNA COMPOUND MORE MEGHA STORE BACKSIDE NAGAVARAPALYA BENGALURU – 560 093.
2. SRI SUBHASH V @ SUBBA RAO S/O VISHWANTHAN AGED ABOUT 39 YEARS R/AT. No.43, ..APPELLANT KRISHNAPPA COMPOUND “B” CHENNASANDRA, BANASAWADI BENGALURU – 560 003.
3. SMT. ANURADHA NAYAK W/O MANJUNATH NAYAK AGED ABOUT 63 YEARS R/AT.728, 2ND “A” MAIN OMBR LAYOUT, BANASWADI BENGALURU – 560 043.
..RESPONDENTS (BY SRI M B RYAKHA, ADVOCATE FOR C/R-1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED:19.02.2018 PASSED IN ECA. No.380/2014 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), AWARDING COMPENSATION OF Rs.8,52,160/- WITH INTEREST AT 12% P.A.FROM THE DATE OF INCIDENT TILL ITS 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 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 Appeal is dismissed as withdrawn with liberty as prayed for.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.
5. In view of the above, office is directed to return the Demand Draft to enable the learned counsel for appellant to deposit the same before the Tribunal forthwith.
Sd/- JUDGE SBN