THE BRANCH MANAGER v. CHIKKARAJU

MISCELLANEOUS FIRST APPEAL No.9233/2008 C/W MISCELLANEOUS FIRST APPEAL NOS. 9234/2008,9232/2008 & BETWEEN : THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD., V.V.ROAD, MANDYA, NOW REP. BY ITS REGIONAL MANAGER NATIONAL INSURANCE CO. LD., REGIONAL OFFICE, SUBHARAM COMPLEX, 144, M.G.ROAD, BANGALORE-560001 ...APPELLANT (COMMON IN ALL THE APPEALS) ( By Sri. A N KRISHNA SWAMY, ADV. ) AND : 1 CHIKKARAJU S/O LINGEGOWDA NOW AGED ABOUT 25 YEARS R/O CHEENYA VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT ….RESPONDENT (IN M.F.A.NO.9233/2008) AND : 2 1 AND : 1 AND : 1 2 NANJUNDA S/O PUTTAMADEGOWDA NOW AGED ABOUT 27 YEARS R/O RAGHURAMAPURA VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT ….RESPONDENT (IN M.F.A.NO.9234/2008) MANJU S/O SRINIVASA NOW AGED ABOUT 23 YEARS R/O DEVALAPURA VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT. ….RESPONDENT (IN M.F.A.NO.9232/2008) BASAVARAJU S/O MADEGOWDA NOW AGED ABOUT 23 YEARS R/O SOMANAHALLI VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT. ….RESPONDENT (IN M.F.A.NO.9235/2008) D DAYANAND S/O DASEGOWDA AGE: MAJOR SRINIVASA FARM, HOSAKOTE K.R.PET TQ., MANDYA DISTRICT PRESENTLY R/A C/O B.G. RAMU S/O LATE GIRI GOWDA, 1ST CROSS ARKESHWARA NAGARA, MANDYA ...RESPONDENT NO.2 (COMMON IN ALL THE APPEALS) ( By Sri. K L SREENIVAS, ADV. FOR R1 ) 3 M.F.A.NOS.9233/2008, 9234/2008, 9232/2008 & 9235/2008 ARE FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 16.06.2008 PASSED IN WCA/NFC/CR-164/2007, WCA/NFC/CR-165/2007, WCA/NFC/CR- 166/2007 RESPECTIVELY ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB DIVISION-2, MANDYA, AWARDING A COMPENSATION OF RS.1,57,298/-, 1,74,376/-, 1,99,233/-,1,79,309/- RESPECTIVELY WITH INTEREST @ 12% P.A. WCA.NFC/CR-163/2007, THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: J U D G M E N T As directed by this Court, in M.F.A.Nos.9233/2008 and 9234/2008, the appellant – insurer has deposited an amount of Rs.10,000/- together i.e., Rs.5,000/- in M.F.A.No.9233/2008 and Rs.5,000/- in M.F.A.No.9234/2008. Hence, office objections stand complied.

Both the Counsel submit that the matter has been compromised. The claimant in M.F.A.No.9233/2008 is entitled for global compensation of Rs.60,000/- and in M.F.A.No.9234/2008, claimant is entitled for global compensation of Rs.1,00,000/-. 4

Both the Counsel further submit that, M.F.A.Nos.9232/2008 and 9235/2008 are also pending and in the said appeals also, parties have compromised. Claimant in M.F.A.No.9232/2008 is entitled for global compensation of Rs.80,000/-. In M.F.A.No.9235/2008, claimant is entitled for global compensation of Rs.60,000/-. Recording the submission of both the Counsel, all the appeals stand disposed of. Any excess amount in deposit be refunded to the insurer. Claimants are entitled for withdrawal of the amount in deposit. Sd/- JUDGE KNM/-