The Branch Manager vs Sumitra W/O Laxman Chavan

Citation : 2024 Latest Caselaw 18409 Kant
Judgement Date : 24 July, 2024

Karnataka High Court

The Branch Manager vs Sumitra W/O Laxman Chavan on 24 July, 2024

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                                                        NC: 2024:KHC-D:10416
                                                           MFA No. 200604 of 2019




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 24TH DAY OF JULY, 2024

                                               BEFORE
                             THE HON'BLE MR JUSTICE VENKATESH NAIK T
                        MISCELLANEOUS FIRST APPEAL NO. 200604 OF 2019 (WC)

                   BETWEEN:


                   THE BRANCH MANAGER,
                   BHARATI AXA GENERAL INSURANCE CO. LTD.,
                   FIRST FLOOR, CENTRAL BUILDING,
                   OPP. VIDYANAGAR POLICE STATION,
                   VIDYANAGAR, HUBLI-580021.
                   NOW REP. THROUTH BHARTI AXA
                   GEN INSURANCE CO. LTD,
                   MERCANTILE HOUSE,
                   7TH FLOOR,
                   15 KASTURBA MARG,
                   CONNOUGHT PLACE,
                   NEW DELHI-110001.
Digitally signed   REP. BY ITS AUTHORISED SIGNATORY.
by MANJANNA
E
Location: HIGH
COURT OF                                                               ...APPELLANT
KARNATAKA
                   (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)


                   AND:


                   1.     SUMITRA W/O. LAXMAN CHAVAN,
                          AGE: 33 YEARS, OCC: HOUSEHOLD,
                          R/O. KOLUR LT, TQ. MUDDEBIHAL,
                          NOW RESIDING AT NAVANAGAR,
                          BAGALKOT-587101.
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                                        NC: 2024:KHC-D:10416
                                          MFA No. 200604 of 2019




2.     MANOHARI D/O. LAXMAN CHAVAN,
       AGE: 12 YEARS, OCC: STUDENT.


3.     PRIYANKA D/O. LAXMAN CHAVAN,
       AGE: 10 YEARS, OCC: STUDENT.


4.     TOMA D/O. LAXMAN CHAVAN,
       AGE: 6 YEARS, OCC: STUDENT,
       RESP. NO. 2 TO 4 ARE MINORS
       REP. BY RESPONDENT NO.1.


5.     ADITYA CONSTRUCTION COMPANY,
       P. NO. 2553, SECTOR NO. II,
       MALAMARUTI EXTENSION,
       BELGUAM-590016,
       THROUGH MANAGING PARTNERS,


       1(A) PURANDAR B. K,
       AGE: 49 YEARS,


       1(B) LAXMESH HUNDEKAR,
       AGE: 49 YEARS,
       BOTH ARE R/O SECTOR NO. II,
       MALMARUTI EXTENSION,
       BELGAUM-16.
                                                    ...RESPONDENTS
(BY SRI. PATIL NANDEESH HANAMANTGOUDA, ADV. FOR R1 TO R4;
     R2 TO R4 MINORS, R/BY. R1)
     SRI. VITTHAL S. TELI, ADV. FOR R5(A & B)


        THIS MFA     IS   FILED   U/S.30(1)   OF   THE   EMPLOYEES
COMPENSATION ACT, PRAYING TO CALL FOR THE RECORDS AND
SET ASIDE THE JUDGMENT AND AWARD DATED 20TH JULY 2018
PASSED BY THE MACT NO.III BAGALKOT IN ECA NO.50/2014 AND
ETC.
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                                      NC: 2024:KHC-D:10416
                                         MFA No. 200604 of 2019




     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal.

The contents of the memo is as under:

MEMO FOR WITHDRAWAL OF APPEAL The advocate for Appellant insurance company begs to submits as here under.
The appellant insurance company doesn't intend to prosecute the appeal. Hence this Hon'ble court may be pleased to permit the appellant insurance company to withdraw the appeal and the same be disposed as withdraw. The amount deposited by this appellant be transmitted to mact in the interest of justice and equity.
In view of the above said memo and supporting submission of the learned counsel for the appellant, the appeal is dismissed as withdrawn.
In view of disposal of main appeal, pending I.A's if any, shall stands disposed off.
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NC: 2024:KHC-D:10416 MFA No. 200604 of 2019 Amount in deposit be transmitted to the Tribunal.
Sd/-
JUDGE AC/ct-an List No.: 1 Sl No.: 33