United India Insurance Co. Ltd vs Somanna S/O Nagappa
2022 Latest Caselaw 3321 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

      MISCELLANEOUS FIRST APPEAL No.20458/2013(WC)

BETWEEN:

UNITED INDIA INSURANCE CO. LTD.,
THE BRANCH MANAGER,
BALLARI, REP. HEREIN BY
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
YALAMANCHALI COMPLEX, 1ST FLOOR,
UMAMAHESHWARA RAO BUILDING,
STATION ROAD, HOSAPETE,
REP. BY ITS DIVISIONAL MANAGER.
                                                ...APPELLANT

(BY SRI. R.R.MANE, ADVOCATE)


AND

1.     SOMANNA S/O NAGAPPA,
       AGE: 26 YEARS, OCC: COOLIE,
       R/O: JANTAKAL,
       TQ: GANGAVATHI, DIST: KOPPAL.

2.     S.PAMPANNA S/O S.ERAPPA,
       AGE: MAJOR,
       OCC: OWNER OF TRACTOR AND TRAILER
       BEARING NOS.KA-35/T-1582 AND T-1583,
       R/O: SHIVAPURA, TQ: KUDLIGI,
       DIST: BALLARI.
                                              ...RESPONDENTS

(R1- APPEAL DISMISSED; R2-DECEASED)
                                                              MFA NO.20458/2013

                                         2



      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) (a) (aa) OF WORKMEN'S COMPENSATION ACT, 1923,
AGAINST THE JUDGMENT AND AWARD DATED 29.11.2012 PASSED IN
WCA No.9/2010 ON THE FILE OF THE LABOUR OFFICER AND
COMMISSIONER     FOR    WORKMEN'S   COMPENSATION,   KOPPAL
DISTRICT KOPPAL, AWARDING THE COMPENSATION OF `95,018/-
WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF
PETITION AND SHALL BE DEPOSITED WITHIN ONE MONTH FROM THE
DATE OF THE ORDER.

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

                                  JUDGMENT

This appeal is filed by the Insurer of the offending

tractor and trailer bearing registration No.KA-35/T-

1582 & T-1583 challenging the judgment and award

dated 29.11.2012 passed by the Commissioner for

Workmen's Compensation, Kopp al (hereinafter referred

to as 'the Commissioner', for b revity), in WCA

No.9/2010.

2. Learned counsel for the appellant at the

outset submits that the imp ugned judgment and award

has b een set asid e by this Court in MFA

Nos.20459/2013, 20460/2013 and 20461/2013, by

order d ated 18.02.2022. He submits that the

imp ugned judgment and award has been passed ag ainst

the d ead person and on the said ground, this Court has MFA NO.20458/2013

allowed the connected app eals and the matter has been

remanded to the jurisd ictional Court to dispose of the

claim p etitions afresh.

3. Having reg ard to the said submission and

consid ering the fact that the impugned judgment and

award was p assed against respondent No.1 - owner of

the offend ing tractor and trailer, who had died even

prior to the filing of the claim petitions before the

Commissioner, the imp ugned judgment and award

passed in WCA No.9/2010 dated 29.11.2012 is also set

aside and the matter is remand ed to the jurisdictional

Court to dispose of the claim petition afresh along with

the claim petitions which were the subject matter of

MFA Nos.20459/2013, 20460/2013 and 20461/2013,

after bringing the legal representatives of d eceased

respondent No.1 on record.

Accordingly, Miscellaneous First Appeal is allowed.

The amount in deposit is d irected to be refund ed to the

app ellant.

Sd/-

JUDGE gab