Karnataka High Court
The Divisional Manager vs Smt. Renuka Basavaraj Managuppi on 22 June, 2022
Bench: P.Krishna Bhat
-1-
MFA No. 25031 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISC. FIRST APPEAL NO. 25031 OF 2010 (WC)
BETWEEN:
THE DIVISIONAL MANAGER.
THE NEW INDIA ASSURANCE CO.LTD.,CLUB ROAD
BELGAUM. NOW REP. BY ITS REGIONAL MANAGER.
K.K.DAS. NEW INDIAASSURANCE CO.LTD., MTP HUB
DIVISIONAL OFFICE, SHRINATH COMPLEX NCM
HUBLI.
...APPELLANT
(BY SRI. S S KOLIWAD, ADVOCATE)
AND:
1. SMT. RENUKA BASAVARAJ MANAGUPPI
AGE: NOT MENTIONED, OCC: NOT MENTIONED.R/O:
BADAKUNDRI.TQ: HUKKERI.DIST: BELGAUM.
2. SHRI. BALU KALLAPPA KANGRALKAR.
Digitally signed AGE: MAJOR, OCC: NOT MENTIONEDR/O:
by JAGADISH T
R
Location: HIGH
BHAVAKAIGALLI KAKATIDIST: BELGAUM.
COURT OF
KARNATAKA,
DHARWAD
Date:
2022.06.24
10:23:18
...RESPONDENTS
+0530
(BY SRI. MADANMOHAN.M.KHANNUR, ADVOCATE FOR C/R1)
(R2-SERVED)
THIS MFA IS FILED U/SEC.30(1) OF THE WC ACT, 1923,
AGAINST THE JUDGMENT AND ORDER DTD:15-09-2010
PASSED IN KAPAKA/SR-113/2005 ON THE FILE OF THE
LABOUR OFFICER AND COMMISSIONER FOR WORKMENS
COMPENSATION, SUB-DIVISION-I, BELGAUM, AWARDING THE
COMPENSATION OF RS.1,91,932/- WITH INTEREST AT THE
-2-
MFA No. 25031 of 2010
RATE FOF 12% P.A. FROM THE DATE OF PETITION TILL ITS
DEPOSIT.
THIS APPEAL COMING ON FOR HEARING THIS DAY. THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The award dated 15.9.2010 passed in WCA SR
No.113/2005 by learned Labour Officer and Commissioner
for Employees' Compensation, Sub division-1, Belgaum
(for short, 'Employees' Compensation Commissioner') is
called in question in this appeal.
2. It is submitted that the learned Employees'
Compensation Commissioner had earlier passed an award
which was challenged before this Court in MFA
No.6575/2006 and the same came to be allowed vide
judgment dated 5.2.2010 and the matter was remitted
back for fresh consideration. This Court in the said
judgment observed as follows:
"4. Having thus heard both sides, insofar as
the factum of accident is concerned, the
claimant having not produced any documents
like FIR, charge sheet etc., merely the wound
certificate produced that too while the said
document does not even mention about the
road accident having been for the cause of the
MFA No. 25031 of 2010
injuries wound certificate referred to by the
claimant is in applicable to the case on hand.
However, in view of the contention raised by
the insurance company, it was incumbent on
the part of the claimant to have placed
sufficient material to show that the accident did
take place on the date alleged by him. Mere
production of the wound certificate would not
be suffice. Therefore, I am of the view that
this case requires remand to the Commissioner
for fresh consideration keeping all the
contentions open.
Accordingly, the matter is remitted to the
W.C. Commissioner for fresh consideration.
The Commissioner for Workmen's
Compensation shall dispose of the case within
three months from the date of this order
receipt. Amount in deposit be refunded to the
appellant insurance company."
3. The impugned award dated 15.9.2010 is
pursuant to the judgment of this Court dated 5.2.2010 in
MFA No.6575/2006. The award of the learned Employees'
Compensation Commissioner shows that he had not
applied his mind to the pleadings of the rival sides and the
evidence adduced before him including the documents
marked and he has treated the impugned award as in
continuation of his earlier award which was set-aside by
this Court. The order or award of quasi judicial Institutions
like Employees' Compensation Commissioner partakes the
MFA No. 25031 of 2010
character of a judgment and it should therefore disclose
the essence of pleadings, evidence placed on both sides,
contentions raised by learned counsel for the parties and
thereafter, reasoning and the conclusion of adjudicating
authority. However, the learned Employees' Compensation
Commissioner has treated the award as continuation of his
earlier award and he has not even indicated in the
impugned award as to what is the quantum of
compensation awarded and the interest if any granted
thereon. In that view of the matter, the impugned award
is set-aside and the matter is remitted back to the learned
Employees' Compensation Court and jurisdictional learned
Senior Civil Judge for fresh consideration in accordance
with law.
4. The learned Court below is directed to dispose
off the matter on or before 15.10.2022. The parties shall
appear before the learned Court below on 01.07.2022 11
a.m. without expecting further notice from the said Court.
Transmit the records to the learned Court below so as to
MFA No. 25031 of 2010
enable it to take up the matter on 1.7.2022. The amount
in deposit shall be refunded to the appellant-Insurer
forthwith. Pending applications, if any, do not survive for
consideration and accordingly, they are disposed off.
Sd/-
JUDGE
JTR
