The National Insurance Company ... vs Sri.Irshad
2021 Latest Caselaw 3224 Kant

        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

 DATED THIS THE 25th DAY OF AUGUST, 2021

                        PRESENT

     THE HON'BLE MR. JUSTICE P.B.BAJANTHRI

                          AND

     THE HON'BLE MR. JUSTICE M.G.S. KAMAL

            M.F.A.No.103794/2016 (ECA)

BETWEEN:

THE NATIONAL INSURANCE COMPANY LTD.,
THROUGH ITS DIVISIONAL OFFICE
AT RAMDEO GALLI, BELAGAVI,
NOW REP.BY ITS DEPUTY MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
ARIHANTA PLAZA, III FLOOR, KUSUGAL ROAD,
KESHWAPUR, HUBBALLI-580023.
                                            ... APPELLANT

(BY SRI. S.K. KAYAKAMATH, ADVOCATE)

AND:

1.     SRI.IRSHAD S/O SHAHABUDDIN DILAWARKHAN,
       AGE: 40 YEARS, OCC: DRIVER (NOW NIL),
       R/O CHAVAT GALLI, BELAGAVI
       (REP.BY HIS WIFE AS NEXT FRIEND
       SMT.RESHMA W/O IRSHAD DILAWARKHAN,
       AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
       R/O CHAVAT GALLI, BELAGAVI).
                                 :2:


2.    SRI.GURPAD S/O MURIGEPPA ROLLI,
      AGE: MAJOR, OCC: BUSINESS,
      R/AT: POST KOLIGUDA,
      TQ: RAIBAG, DIST:BELAGAVI.
                                                  ... RESPONDENTS

(BY SRI. SANJAY S.KATAGERI, ADVOCATE FOR R1;
 NOTICE SENT TO R2 IS SERVED)

      THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923 AGAINST THE ORDER DATED
20.07.2016 PASSED IN ECA NO.68/2014 (OLD W.C.NO.105/2012)
ON THE FILE OF TEH I ADDL.SENIOR CIVIL JUDGE AND
COMMISSIONER UNDER EMPLOYEES' COMPENSATION ACT,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FILED UNDER
SECTION 22 OF THE WORKMEN COMPENSATION ACT.

      THIS MFA COMING ON FOR ADMISSION, THIS DAY,
P.B. BAJANTHRI, J., DELIVERED THE FOLLOWING:

                            JUDGMENT

The appellant has questioned the validity of the

judgment dated 20.07.2016, passed in ECA No.68/2014 on

the file of the I-Additional Senior Civil Judge and

Commissioner under Employees' Compensation Act, Belagavi.

2. Learned counsel for the respondent submitted

that the present appeal does not survive for consideration in

view of the order passed in MFA No.21053/2012, decided on

17th March 2021. The submission is placed on record.

The appeal stands dismissed in terms of the order

dated 17th March 2021.

In view of the dismissal of the appeal, all pending

applications do not survive for consideration.

Sd/-

JUDGE

Sd/-

JUDGE Vnp*