Mahalingamma. C vs Sri. Asiff
2022 Latest Caselaw 3359 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF FEBRUARY, 2022
                        BEFORE
           THE HON'BLE MS.JUSTICE J.M.KHAZI

              M.F.A.NO.2757/2019 (ECA)
BETWEEN:

1.   MAHALINGAMMA C,
     W/O LATE CHANNABASAVA REDDY,
     AGED ABOUT 39 YEARS,
     OCCUPATION: HOUSE WIFE.

2.   ABHISHEK REDDY,
     S/O LATE CHANNABASAVA REDDY,
     AGED ABOUT 15 YEARS,
     OCCUPATION: STUDENT.

3.   BHUMIKA,
     D/O LATE CHANNABASAVA REDDY,
     AGED ABOUT 13 YEARS,
     OCCUPATION: STUDENT.

4.   SMT. SUGNANAMMA,
     W/O LATE SHIVAREDDY,
     AGED ABOUT 69 YEARS,
     R/AT NACHAWAR,
     SEDAM TALUK,
     KALBURGI DISTRICT.

     PETITIONER/APPELLANT NO.2 AND 3
     ARE MINORS REP. BY THEIR MOTHER
     NATURAL GUARDIAN THE PETITIONER/
     APPELLANT NO.1
     PETITIONERS NO.1 TO 3 ARE
     R/AT.NO.118, 4TH CROSS, OLD MADRAS ROAD,
     NEW BYAPPANAHALLI, BENGALURU - 560 038
                                          ... APPELLANTS
(BY SRI B.S.REDDY, ADVOCATE)
                               2


AND:

1.     SRI ASIFF,
       S/O ABDUL BASHEER,
       AGED ABOUT 40 YEARS,
       R/AT NO.646, 2ND CROSS,
       L.B.S. NAGAR, H.A.L.,
       BENGALURU - 560 017
       MOB: 9740815456

2.     SRI SYED THOHITH,
       S/O GHOUSE BASHA,
       AGED ABOUT 38 YEARS,
       R/AT NO.27, 1ST MAIN ROAD,
       L.B.S.NAGAR, H.A.L.,
       BENGALURU - 560 017
       MOB: 9880283799
                                           ...RESPONDENTS
       (BY SRI K SURESH, ADVOCATE FOR R1;
           SRI B C SHIVANNE GOWDA, ADVOCATE FOR R2)

     THIS MFA IS FILED UNDER SECTION 30(1) OF THE
EMPLOYEES COMPENSATION ACT, 1923 PRAYING TO ALLOW
THE ABOVE APPEAL BY MODIFYING THE JUDGMENT AND AWARD
DATED: 26.02.2019 PASSED BY THE IX ADDL. SMALL CAUSES
AND ADDL. MACT, (SCCH-7) AT BENGALURU, IN ECA
NO.153/2017 BY ENHANCING THE COMPENSATION AND FIXING
THE LIABILITY OF RESPONDENT NO.1 TO PAY THE
COMPENSATION IN THE INTEREST OF JUSTICE.
    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned counsel for appellant has filed memo seeking

withdrawal of appeal, on the ground that the matter is

settled out of the Court.

In view of the same, appeal is dismissed as

withdrawn.

Sd/-

JUDGE

RR