The Divisional Manager National ... vs Shri Mohan S/O Bhimappa And Anr
2022 Latest Caselaw 5037 Kant

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 21ST DAY OF MARCH 2022

                             BEFORE

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

            MFA NO.31752/2013 (WC)
                     C/W
     MFA NO.31751/2013, MFA NO.31753/2013,
     MFA NO.31754/2013, MFA NO.31755/2013

In MFA No.31752/2013
Between:

The Divisional Manager,
National Insurance Company Limited,
Raichur, represented by the
Divisional Manager,
National Insurance Company Limited,
Station Road, Near Mini Vidhana Soudha,
Gulbarga-585 102.
                                               ... Appellant

(By Smt. Sangeeta Bhadrashetty, Advocate)

And:

1.     Shri. Akkireddy S/o Fakkirreddy,
       Age: 22 years, Occ: Ex-Loader,
       R/o: neer Manvi Village, Manvi,
       Taluk, Dist: Raichur-584 101.

2.     Shri Ramanjaneyalu Reddy,
       Occ: Onwer of Lorry bearing
       Regn.No.AP-02/V-7619,
       R/o Indira Nagar, Tadipatri,
       Dist: Anantpur, Andhra Pradesh-515 631.
                                             ... Respondents
                                  2



(By Sri. B.C.Jaka, Advocate for R1;
V/o dated 19.04.2021 notice to R2 is held sufficient)

      This Miscellaneous First Appeal is filed under Section
30(1) of Workmen's Compensation Act, 1923 praying to call for
the records and to set aside the judgment and order dated
21.05.2013, passed by the Labour Officer and Commissioner for
Workmen's Compensation, Raichur in WCA/NF-56/2011 and to
pass any other order or orders as this Hon'ble Court deems fit
under the facts and circumstances of the cases.


In MFA No.31751/2013
Between:

The Divisional Manager,
National Insurance Company Limited,
Raichur, represented by the
Divisional Manager,
National Insurance Company Limited,
Station Road, Near Mini Vidhana Soudha,
Gulbarga-585 102.
                                                 ... Appellant

(By Smt. Sangeeta Bhadrashetty, Advocate)

And:

1.     Shri Mohan S/o Bhimappa,
       Age: 22 years, Occ: Ex-Cleaner,
       R/o: Potnal village, Manvi taluk,
       Dist: Raichur-584 101.

2.     Shri Ramanjaneyalu Reddy,
       Occ: Onwer of Lorry bearing
       Regn.No.AP-02/V-7619,
       R/o Indira Nagar, Tadipatri,
       Dist: Anantpur, Andhra Pradesh-515 631.

                                             ... Respondents

(By Sri. B.C.Jaka, Advocate for R1;
V/o dated 19.04.2021 notice to R2 is held sufficient)
                                 3




      This Miscellaneous First Appeal is filed under Section
30(1) of Workmen's Compensation Act, 1923 praying to call for
the records and to set aside the judgment and order dated
21.05.2013, passed by the Labour Officer and Commissioner for
Workmen's Compensation, Raichur in WCA/NF-55/2011 and to
pass any other order or orders as this Hon'ble Court deems fit
under the facts and circumstances of the cases.


In MFA No.31753/2013
Between:

The Divisional Manager,
National Insurance Company Limited,
Raichur, represented by the
Divisional Manager,
National Insurance Company Limited,
Station Road, Near Mini Vidhana Soudha,
Gulbarga-585 102.
                                                  ... Appellant

(By Smt. Sangeeta Bhadrashetty, Advocate)

And:

1.     Shri. Nagarjun S/o Nagappa,
       Age: 26 years, Occ: Ex-Loader,
       R/o: Near Manvi Village, Manvi taluk,
       Dist: Raichur-584 101.

2.     Shri Ramanjaneyalu Reddy,
       Occ: Onwer of Lorry bearing
       Regn.No.AP-02/V-7619,
       R/o Indira Nagar, Tadipatri,
       Dist: Anantpur, Andhra Pradesh-515 631.

                                               ... Respondents

(By Sri. B.C.Jaka, Advocate for R1;
V/o dated 19.04.2021 notice to R2 is held sufficient)
                                4



      This Miscellaneous First Appeal is filed under Section
30(1) of Workmen's Compensation Act, 1923 praying to call for
the records and to set aside the judgment and order dated
21.05.2013, passed by the Labour Officer and Commissioner for
Workmen's Compensation, Raichur in WCA/NF-57/2011 and to
pass any other order or orders as this Hon'ble Court deems fit
under the facts and circumstances of the cases.


In MFA No.31754/2013
Between:

The Divisional Manager,
National Insurance Company Limited,
Raichur, represented by the
Divisional Manager,
National Insurance Company Limited,
Station Road, Near Mini Vidhana Soudha,
Gulbarga-585 102.
                                                 ... Appellant
(By Smt. Sangeeta Bhadrashetty, Advocate)
And:

1.    Shri. Durganna S/o Govindappa,
      Age: 24 years, Occ: Ex-Loader,
      R/o: Near Manvi Village, Manvi taluk,
      Dist: Raichur-584 101.
2.    Shri Ramanjaneyalu Reddy,
      Occ: Onwer of Lorry bearing
      Regn.No.AP-02/V-7619,
      R/o Indira Nagar, Tadipatri,
      Dist: Anantpur, Andhra Pradesh-515 631.
                                            ... Respondents
(By Sri. B.C.Jaka, Advocate for R1;
V/o dated 19.04.2021 notice to R2 is held sufficient)
      This Miscellaneous First Appeal is filed under Section
30(1) of Workmen's Compensation Act, 1923 praying to call for
the records and to set aside the judgment and order dated
21.05.2013, passed by the Labour Officer and Commissioner for
Workmen's Compensation, Raichur in WCA/NF-58/2011 and to
pass any other order or orders as this Hon'ble Court deems fit
under the facts and circumstances of the cases.
                                 5




In MFA No.31755/2013
Between:

The Divisional Manager,
National Insurance Company Limited,
Raichur, represented by the
Divisional Manager,
National Insurance Company Limited,
Station Road, Near Mini Vidhana Soudha,
Gulbarga-585 102.
                                                 ... Appellant
(By Smt. Sangeeta Bhadrashetty, Advocate)


And:

1.     Shri.Shri Bhaskar S/o Ramanna,
       Age: 23 years, Occ: Ex-Loader,
       R/o: Near Manvi Village, Manvi taluk,
       Dist: Raichur-584 101.
2.     Shri Ramanjaneyalu Reddy,
       Occ: Onwer of Lorry bearing
       Regn.No.AP-02/V-7619,
       R/o Indira Nagar, Tadipatri,
       Dist: Anantpur, Andhra Pradesh-515 631.
                                             ... Respondents

(By Sri. B.C.Jaka, Advocate for R1;
V/o dated 19.04.2021 notice to R2 is held sufficient)


      This Miscellaneous First Appeal is filed under Section
30(1) of Workmen's Compensation Act, 1923 praying to call for
the records and to set aside the judgment and order dated
21.05.2013, passed by the Labour Officer and Commissioner for
Workmen's Compensation, Raichur in WCA/NF-59/2011 and to
pass any other order or orders as this Hon'ble Court deems fit
under the facts and circumstances of the cases.

       These appeals coming on for orders, this day, the Court

delivered the following:-
                                 6




                      JUDGMENT

These appeals are filed by the appellant/National

Insurance Company being aggrieved by the judgment

and order dated 21.05.2013 passed in

WCA/NF-Nos.55/2011 to 59/2011 by the Labour

Officer and Commissioner for Workmen's

Compensation, Raichur (hereinafter referred to as 'the

CWC' for short) under Section 30(1) of the Workmen's

Compensation Act, 1923 (hereinafter referred to as

'the Act', for short) fastening the liability on the

appellant to compensate the claimants.

2. The common order passed by the CWC is

challenged in these appeals, hence, all these appeals

are disposed of by this common judgment.

3. For the sake of convenience, parties are

referred to as per their ranking before the CWC.

4. Facts giving rise to filing of the appeals

briefly stated are that on 05.04.2004, as per the

direction of the respondent No.1 the claimants namely

Mohan, Akkireddy, Nagarjuna, Durganna and Bhaskar,

who were working as hamalis in a lorry bearing

Registration No.AP-02/V-7619, were proceeding in the

said lorry from Poona to Mysore for unloading Onion.

At about 7.00 a.m., the driver of the lorry drove the

vehicle in a rash and negligent manner and dashed to

the stationed lorry bearing registration No.MH-12/AQ-

729 near Mandya. Due to the said impact, the

claimants sustained grievous injuries, were

hospitalized and spent huge money of medical

treatment. Hence, they filed claim petitions against

respondents No.1 and 2, being the owner and insurer

of the offending vehicle i.e., the lorry bearing

Registration No.AP-02/V-7619 seeking compensation

on account of the injuries sustained by them in the

road traffic accident.

5. The respondent No.1-owner filed the

written statement admitting the relationship as

employer and employee between the claimants and

himself. Further, contended that the vehicle was

insured with respondent No.2 and policy was in force

at the time of accident. Hence, the respondent No.2 is

liable to pay the compensation and prayed to dismiss

the claim petition.

6. The Respondent No.2-insurer filed the

written statement denying the averments made in

claim petition and also denied the age, occupation,

income, manner of accident and relationship between

the claimants and respondent No.1. Further,

contended that the driver of the offending vehicle was

not possessing valid and effective driving licence at

the time of accident and prayed to dismiss the claim

petition.

7. The CWC recorded the evidence of the

claimants and consequently allowed the claim

petitions. Hence, the Insurance Company being

aggrieved by the judgment and award passed by the

CWC, Raichur, has filed these appeals.

8. Heard the learned counsel for the

appellant/Insurance Company and also learned

counsel for the claimants.

9. Learned counsel for the

appellant/Insurance Company submits that the claim

petitions have been filed by the claimants before the

CBC, Bellary in W.C.Nos.49/2006 to 53/2006. The

said claim petitions came to be dismissed for non-

prosecution. The claimants suppressing the said fact

have filed these present claim petitions. She further

submits that the claim petitions filed by the claimants

are not tenable. The said aspect was not considered

by the CWC, Raichur. Hence, she prays to allow these

appeals filed by the Insurance Company.

10. Per contra, learned counsel for the

claimants supports the impugned judgment and award

passed by the CWC, Raichur and prayed to dismiss the

appeals.

11. This Court has admitted these appeals on

the following substantial question of law:

"Whether the Commissioner committed an error in holding that the accident occurred during the course of employment?"

12. Learned counsel for the parties jointly

submit that the said substantial question may be

reframed.

13. Their submission is placed on record.

14. With the consent of the learned counsel for

the parties, the substantial question of law is reframed

as under:

"Whether the Commissioner was justified in entertaining the subsequent claim petitions in view of dismissal of W.C.Nos.49/2006 to 53/2006 for non- prosecution?"

15. Perused the records and considered the

submissions of the learned counsel for the parties.

16. It is not in dispute that the claimants have

met with an accident and also a criminal case was

registered against the driver of the offending vehicle.

In the said accident, the claimants have suffered

injuries. The claimants have filed the claim petitions in

W.C.Nos.49/2006 to 53/2006 before the CWC, Bellary.

The CWC, Bellary dismissed the claim

petitions for non-prosecution. The claimants

suppressing the said fact have filed the present claim

petitions. The claimants ought to have approached

the said authority i.e. the CWC, Bellary by filing

necessary applications for recalling the said order.

Instead of doing so, one more claim petition has been

filed by the claimants before the CWC, Raichur

claiming compensation. Hence, the claim petitions

filed by the claimants are not maintainable. The CWC,

at Raichur overlooking the said aspect has proceeded

to pass the impugned order. On this ground alone, the

impugned order is liable to be set aside. Hence, the

impugned orders passed by the CWC, Raichur are not

sustainable and liable to be set aside.

17. In view of the above discussion , I proceed

to pass the following:

ORDER

i. All these appeals are allowed. The judgment and award dated 21.05.2013 passed by the Commissioner for Workmen's compensation, Raichur in WC Nos.55/2011 to 59/2011 is hereby set aside.

ii. Liberty is reserved to the claimants to make necessary applications before the Commissioner at Bellary for reconsideration of earlier claim petitions i.e.,W.C.Nos.49/2006 to 53/2006 filed by them. If such applications are filed by the claimants for restoration of the petitions, the CWC, Bellary is directed to restore the claim petitions and dispose of the same within a period of six months from the date of receipt of copy of this order.

iii. All the contentions of the parties are kept open as the accident was of the year 2004.

iv. Amount in deposit be refunded to the appellant.

 v.   Parties    are   directed      to    approach    the
      Commissioner             for               Workmen's
      Compensation,       Bellary         on     13.6.2022

without waiting for any further notice from the Commissioner for Workmen's Compensation, Bellary.

Sd/-

JUDGE

GRD