Karnataka High Court
Sri Kalappa vs Sri Ziaulla on 27 February, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:7965
MFA No. 9671 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.9671 OF 2012 (WC)
BETWEEN:
SMT. THEETHIYAMMA
W/O LATE RAMU,
AGED ABOUT 29 YEARS,
LOADER-UNLOADER,
R/AT KRISHANPURA VILLAGE,
TARIKERE TALUK,
CHIKMAGALUR DISTRICT.
...APPELLANT
(BY SRI. K.N.MOHAN., ADVOCATE)
AND:
1. SRI.ZIAULLA
S/O MOHAMMED BAIG,
AGED ABOUT 44 YEARS,
R/AT AMEER COLONY,
Digitally signed by
THEJASKUMAR N BHADRAVATHI TOWN,
Location: HIGH SHIMOGA DISTRICT.
COURT OF
KARNATAKA 2. THE BRANCH MANAGER,
MSS INDIA ASSURANCE COMPANY LTD.,
NEHRU ROAD, SHIMOGA.
...RESPONDENTS
(V/O DATED:16.03.2017 NOTICE TO R1 IS
DISPENSED WITH;
BY SRI.A.N.KRISHNA SWAMY., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE WORKMEN'S COMPENSATION ACT
AGAINST THE JUDGMENT DATED:28.12.2011 PASSED IN
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MFA No. 9671 of 2012
WCA/NF-25/2008 ON THE FILE OF THE LABOUR OFFICER AND
COMMISSIONER FOR WORKMEN COMPENSATION, SUB
DIVISION-1, CHICKMAGALUR, AWARDING A COMPENSATION
OF RS.43,676/- WITH INTEREST @ 12% FROM 14.04.2008
TILL DEPOSIT.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.K.N.Mohan., learned counsel for the appellant and
Sri.A.N.Krishna Swamy., learned counsel for respondent No.2
have appeared in person.
2. Learned counsel for the appellant and respondent
No.2 have urged several contentions. Heard the contentions
urged on behalf of the respective parties and perused the
appeal papers with utmost care.
3. Learned counsel Sri.A.N.Krishna Swamy., appearing
for the Insurance Company submits that the second respondent
- Insurance Company had preferred an appeal in MFA
No.7527/2012. The co-ordinate bench of this Court vide
Judgment dated:24.11.2022 partly allowed the appeal and
exonerated the Insurance Company from the liability and
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directed the first respondent to pay the entire compensation to
the Claimant. Counsel therefore, submits that appropriate order
may be passed.
The oral submission made by learned counsel for the
Insurance Company is placed on record.
Perused the appeal papers and the Judgment passed in
MFA No.7527/2012 with utmost care.
The Co-ordinate bench of this Court vide Judgment
dated:24.11.2022 disposed of the appeal and exonerated the
Insurance Company from the liability and directed the first
respondent to pay the entire compensation to the Claimant. If
that be so, the Claimant in the present appeal cannot seek
compensation from the Insurance Company. Furthermore, this
Court vide order dated:16.03.2017 had dispensed with the
notice to respondent No.1. In view of dispensation of notice to
respondent No.1 and exoneration of the Insurance Company
from the liability, the claimant cannot seek compensation.
Hence, nothing survives for consideration in the appeal and it is
liable to be dismissed.
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4. Resultantly, the Miscellaneous First Appeal is
dismissed at the stage of admission itself.
Sd/-
JUDGE
TKN
