Manja Naika vs Manager, M/S Oriental Insurance Co. Ltd
2024 Latest Caselaw 22011 Kant

Karnataka High Court

Manja Naika vs Manager, M/S Oriental Insurance Co. Ltd on 30 September, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                  -1-
                                                              NC: 2024:KHC:40562
                                                         MFA No. 2010 of 2020




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 30TH DAY OF SEPTEMBER, 2024

                                              BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                      MISCELLANEOUS FIRST APPEAL NO. 2010 OF 2020 (ECA)
                      BETWEEN:
                      MANJA NAIKA
                      S/O MEETYA NAIKA
                      AGED ABOUT 46 YEARS
                      R/O HALEHATTI THANDA
                      SAKHARAYAPATTAA HOBLI, KADUR TALUK
                      CHIKKAMAGALURU DISTRICT-577 101
                                                                    ...APPELLANT
                      (BY SRI. GIRISH B BALADARE.,ADVOCATE)

                      AND:
                      1. MANAGER
                         M/S ORIENTAL INSURANCE CO. LTD.,
                         NAG-NIRMAL COMPLEX, 1ST FLOOR
                         OPP. RANGANNA CHOULTRY
                         BASAVANAHALLI MAIN ROAD
                         CHIKKAMAGALURU-577 101.

Digitally signed by   2.    SMT.ERAMMA
HEMALATHA A                 W/O LATE NINGEGOWDA
Location: HIGH
COURT OF                    AGED 76 YEARS
KARNATAKA                   COFFE PLANTER.

                      3.    K.N.JAGADISH
                            S/O LATE K.NINGEGOWD
                            AGED 55 YEARS
                            BOTH ARE R/O KALLUGUDDE VILLAGE
                            ANOOR POST
                            CHIKKAMAGALUR TQ AND DISTRICT.
                                                             ...RESPONDENTS
                      (BY SRI.H C VRUSHABENDRAIAH., ADVOCATE FOR R1:
                      NOTICE TO R2 & R3 ARE DISPENSED WITH)
                             -2-
                                               NC: 2024:KHC:40562
                                          MFA No. 2010 of 2020




     THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT
AND AWARD DATED. 03.04.2019, PASSED IN ECA NO.34/2014,
ON THE FILE OF THE SENIOR CIVIL JUDGE AND MMACT,
KADUR,   PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION    AND     SEEKING    ENHANCEMENT     OF
COMPENSATION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:   HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                    ORAL JUDGMENT

1. This appeal has been settled before the Lok-

Adalath of High Court held on 12.11.2022. The

Insurance Company has filed an application for

recalling the order dated 12.11.2022 on the ground

that the appeal filed by the Insurance Company has

been withdrawn, since the matter has been settled in

Ex.No.52/2019 by both the parties.

2. Accordingly, the said application has been

allowed and the order dated 12.11.2022 passed

before the Lok-Adalath in this appeal was recalled.

3. Today, the learned counsel for the Insurance

Company submits that the parties have settled the

NC: 2024:KHC:40562

matter before the Tribunal in the Ex.No.52/2019.

Hence, the above appeal is not maintainable.

4. In view of the above, the learned counsel for the

appellant has filed a memo dated 30.09.2024 seeking

permission to withdraw this appeal.

5. Memo is taken on record.

6. Accordingly, the appeal is dismissed as

withdrawn.

7. All pending applications, if any, shall stand

disposed of.

Sd/-

(H.T. NARENDRA PRASAD) JUDGE

HA