Divisional Manager, United India Insurance Co. Ltd., B ridge Road, Balanatt, Mangalore v. Smt. Balawwa
Case at a glance
Provisions considered
Judgment
(By Sri C.V.Angadi, Adv.) AND:
Smt. Balawwa, W/o Devappa Doddamani, Age: now about 54 years, 0cc : Household, R/o. Neeralagi, Tq: Badami, Dist: Bagalakot.
Mr.Hanamantappa Sb. Devappa Doddamani, Age : now about 36 years, 0cc : Coolie, R/ o. Neeralagi, Tq: Badami, Dist: Bagalakot. Appellant
Mr. Dyamappa Sb. Devappa Doddamani, Age : now about 32 years, 0cc Coolie, Rio. Neeralagi, Tq: Badami, Dist: Bagalakot.
Mr. Maliyappa S/o.Devappa Doddamani, Age : now about 28 years, 0cc :Coolie, Rio. Neeralagi Tq: Badami, Dist: Bagalakot.
Mr. Mervin Goyes, Bon Grako Apartment, Plot NO.2, Bikarnakatte Road, Nantooru, Mangalore. (By Sri A.S.Patil, Adv. for R-1 to R-4; Notice to R-5 dispensed with) .Respondents This MFA is filed under Section 30(1) of WC Act, against the judgement and award dtd : 31/03/2009 passed in WC.F-8/2007 on the file of the Lab our Officer and Commissioner for Workmen compensation. Gadag, avarding compensation of Rs. 3,87,398/- along vjith interest of 12°k p.a. This MFA coming on for orders, this day, the Court delivered the following: JUDGMENT In view of the memo, Notice to respondent No.5 dispensed with.
2. The only question urged in this appeal is regarding It the death of the deceased. is submitted that the deceased did not die due to injuries alleged to have been suffered by him in the road accident that occurred on 28.09.2004 at Mangalore. It is not in dispute that he was admitted to Venlock district hospital, Mangalore from 28.09.2004 to 02.11.2004 and he succumbed to the injuries on 10.11.2004.
3. It is not in dispute that the deceased had suffered fracture of cervical bone in vertebral column and he was admitted to the hospital for treatment. The doctor has stated that such injury causes death.
4. Having regard to the evidence on record and in the absence of any evidence to the contrary, I find that the 4 Commissioner has given finding on proper appreciation of evidence. This appeal being under Section 30 of the Workmen’s Compensation Act, there is no substantial question of law pointed out by the learned counsel for the appellant. Hence, no grounds to interfere. Appeal dismissed. The amount in deposit is ordered to be transferred the Commissioner for Workmen’s Compensation, Gadag. Sd/ JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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