Sanjeevan S/O Rangrao Biradar vs Mahadev S/O Manikrao Awatgre And ...
2022 Latest Caselaw 6050 Kant

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        IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 04TH DAY OF APRIL, 2022

                        BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

             MFA No.201866/2014 (MVC)
Between:
Sanjeevan, S/o Rangrao Biradar,
Aged about 32 Years,
Occ: Business, R/o Kaknal,
Tq. Bhalki, Dist. Bidar.              ... Appellant

(By Ravi B. Patil, Advocate)

And:
1.   Mahadev, S/o Manikrao Awatgre
     Aged about 41 years, Occ: Labour.

2.   Ravi, S/o Mahadev Awatgre
     Aged about 21 years, Occ: Student

3.   Saraswati, D/o Mahadev Awatgre
     Aged about 19 years, Occ: Student

4.   Manikbai, D/o Mahadev AWatrgre
     Aged about 14 years, Occ: Student

5.   Parshuram, S/o Mahadev Awatgre
     Aged about 12 years, Occ: Student
     U/g of father Mahadev

All R./o Kaplapur now : At Beerdev Galli Gunj,
Bhalki Tq. Bhalki, Dist. Bidar-585401.   ... Respondents

(By Sri Babu H. Metagudda, Advocate for R1 to R3;
 R4 & R5 are minors represented by R1)
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       This Miscellaneous First Appeal is filed under Section
173(1) of the Workmen's Compensation Act, 1988 praying
to call for the records in MVC No580/2013 on the file of the
Court of the II Addl. M.A.C.T & Addl. Dist. & Sessions
Judge at Bidar sitting at Bhalki and set aside the Judgment
and Award dated 06.09.2014 passed by the Court of II
Addl. M.A.C.T & Addl. District and Sessions Judge at Bidar,
sitting at Bhalki, consequently allow the present appeal
and etc.

      This appeal coming on for Admission, this day, the
Court delivered the following:-


                       JUDGMENT

Learned counsel for the appellant has filed a

memo dated 2.3.2021 which reads as under :

"The appellant most respectfully submits that in view of the compromise in MVC No.580/2013, the present Appellant had deposited sum of Rs.4,14,000/- through original Cheque No.136342 dated 14.10.2019 before the Prl. MACT at Bidar towards compensation amount in terms of the Compromise took place before the Lok Adalat at Bidar. Hence, the present Appeal cannot survive for consideration. Hence, the

same may kindly be considered in the interest of justice and equity."

2. Memo is placed on record.

3. In view of the settlement between the parties,

the appeal does not survive for consideration and the

same is accordingly, disposed of.

Sd/-

JUDGE

rs