Allowed

Divisional Manager , v. Subhan Sab

Karnataka HC18 Oct 2022MFA/8472/2013

Case brief

AI extract

What is this about?

The High Court allowed six appeals filed under Section 30(1) of the Workmen's Compensation Act. This judgment modifies the Compensation Commissioners' awards in three consolidated matters, re-assessing disability percentages and future income loss for three claimants, and correcting the interest rate from 7.5% to 12% per annum.

What did the court decide?

Compensation re-assessed for three claimants ranging from Rs. 1,52,489 to Rs. 2,05,468. Interest rate increased to 12% p.a. Insurance Company directed to deposit enhanced amounts within six weeks.

Divisional Manager , Vs Subhan Sab — Pension and Retirement Benefits | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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M.F.A.NO.8470/2013 (WC)

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C/W. M.F.A.NO.8471/2013 (WC) M.F.A.NO.8472/2013 (WC) M.F.A.NO.9671/2013 (WC) M.F.A.NO.9672/2013 (WC) M.F.A.NO.9673/2013 (WC)

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In M.F.A.NO.8470/2013:

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BETWEEN:

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DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, No.34/3, M.M.K.COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE-577 002. … APPELLANT

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(BY SRI A.N.KRISHNA SWAMY, ADVOCATE)

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AND:

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1 . GANESH S/O GOVINDAPPA, NOW AGED ABOUT 30 YEARS, R/O NEAR PADIYAMMA TEMPLE, HIRIYUR TOWN-572 143.

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2 . V. RAGHAVENDRA S/O H VEERANNA, AGE: MAJOR,

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OWNER OF LORRY R/O HEGGERE, SANIKERE POST, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. ... RESPONDENTS

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(BY SRI V.B.SIDDARAMAIAH, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 28.06.2022)

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THIS M.F.A., IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 02.08.2013 PASSED IN WCA/NF/CR-149/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, AWARDING A COMPENSATION OF RS.1,70,428/- WITH INTEREST @ 7.5% WITHIN 30 DAYS FROM THE DATE OF ORDER TILL THE DATE OF DEPOSIT.

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In M.F.A.NO.8471/2013:

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BETWEEN:

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DIVISIONAL MANAGER , UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, No.34/3, M.M.K.COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE-577 002. … APPELLANT

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(BY SRI A.N.KRISHNA SWAMY, ADVOCATE)

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AND:

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1 . R. MANJUNATH S/O RANGAPPA, NOW AGED ABOUT 50 YEARS, R/O HULIYAR ROAD, HIRIYUR TOWN-572 143.

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2 . V. RAGHAVENDRA S/O. H.VEERANNA, AGE: MAJOR, OWNER OF LORRY, R/O. HEGGERE, SANIKERE POST, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. ... RESPONDENTS

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(BY SRI V.B.SIDDARAMAIAH, ADVOCATE FOR R1; R2 IS SERVED)

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THIS M.F.A., IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 02.08.2013 PASSED IN WCA/NF/CR-168/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, AWARDING A COMPENSATION OF RS.1,56,547/- WITH INTEREST @ 7.5% WITHIN 30 DAYS FROM THE DATE OF ORDER TILL THE DATE OF DEPOSIT.

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In M.F.A.NO.8472/2013:

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BETWEEN:

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DIVISIONAL MANAGER , UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, No.34/3, M.M.K.COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE-577 002. … APPELLANT

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(BY SRI A.N.KRISHNA SWAMY, ADVOCATE)

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AND:

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1 . SUBHAN SAB S/O LATE JAMEEL SAB, NOW AGED ABOUAT 31 YEARS, R/O GOPALAPURA EXTENSION, HIRIYUR TOWN-572 144.

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2 . V. RAGHAVENDRA S/O H. VEERANNA, AGE: MAJOR, OWNER OF LORRY R/O HEGGERE, SANIKERE POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 501. ... RESPONDENTS

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(BY SRI V.B.SIDDARAMAIAH, ADVOCATE FOR R1; R2 IS SERVED)

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THIS M.F.A., IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 02.08.2013 PASSED IN WCA/NF/CR-169/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, AWARDING A COMPENSATION OF RS.1,73,837/- WITH INTEREST.

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In M.F.A.NO.9671/2013:

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BETWEEN:

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SRI R. MANJUNATHA S/O RANGAPPA AGED ABOUT 50 YEARS R/O HULIYAR ROAD HIRIYURU TOWN-572 143 CHITRADURGA DISTRICT. … APPELLANT

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(BY SRI V.B.SIDDARAMAIAH, ADVOCATE)

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AND:

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1 . THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, No.34/3, M.M.K. COMPLEX, P.B. No.237, AKKAMAHADEVI ROAD P.G. EXTENSION DAVANAGERE 577 002 REP. BY ITS DIVISONAL MANAGER

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2 . SRI V. RAGHAVENDRA S/O H. VEERANNA AGE: MAJOR, R/O HEGGERE, SANIKERE POST CHALLAKERE TALUK-577 522 CHITRADURGA DISTRICT. ... RESPONDENTS

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(BY SRI A.N.KRISHNA SWAMY, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 30.01.2017)

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THIS M.F.A., IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 02.08.2013 PASSED IN WCA/Kaa Aa Chi/Kaa Na Pa/NF/CR-168/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION.

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In M.F.A.NO.9672/2013:

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BETWEEN:

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SRI SUBHAN SAB S/O LATE JAMEEL SAB AGED ABOOUT 31 YEARS R/O GOPALAPURA BADAVANE HIRIYUR TOWN-572 143 CHITRADURGA DISTRICT. … APPELLANT

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(BY SRI V.B.SIDDARAMAIAH, ADVOCATE)

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AND:

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1 . THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, No.34/3, M.M.K. COMPLEX, P.B.No.237, AKKAMAHADEVI ROAD P.G. EXTENSION, DAVANAGERE-577 002 REP. BY ITS DIVISONAL MANAGER

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2 . SRI V. RAGHAVENDRA S/O H. VEERANNA AGE: MAJOR, R/O HEGGERE, SANIKERE POST CHALLAKERE TALUK-577 522 CHITRADURGA DISTRICT. ... RESPONDENTS

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(BY SRI A.N.KRISHNA SWAMY, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 19.07.2016)

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THIS M.F.A., IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 02.08.2013 PASSED IN WCA /Kaa Aa Chi/Kaa Na Pa/NF/CR-169/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION.

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In M.F.A.NO.9673/2013:

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BETWEEN:

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SRI GANESHA S/O GOVINDAPPA AGED ABOUT 30 YEARS R/O. NEAR PADIYAMMA TEMPLE HIRIYURU TOWN-572 143 CHITRADURGA DISTRICT. … APPELLANT

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(BY SRI V.B.SIDDARAMAIAH, ADVOCATE)

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AND:

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1 . THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, No.34/3, M.M.K. COMPLEX, P.B.No.237, AKKAMAHADEVI ROAD P.G. EXTENSION, DAVANAGERE 577 002 REP. BY ITS DIVISONAL MANAGER

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2 . SRI V. RAGHAVENDRA S/O H. VEERANNA AGE: MAJOR R/O. HEGGERE, SANIKERE POST CHALLAKERE TALUK-577 522 CHITRADURGA DISTRICT. ... RESPONDENTS

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(BY SRI A.N.KRISHNA SWAMY, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 02.12.2014)

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THIS M.F.A., IS FILED UNDER SECTION 30(1) OF W.C.ACT AGAINST THE JUDGMENT DATED: 02.08.2013 PASSED IN WCA.NO.Kaa Aa Chi/Kaa Na Pa/NF/CR-149/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, CHITRADURGA DISTRICT, CHITRADURGA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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Heard the learned counsel appearing for the Insurance

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Company and the learned counsel appearing for the claimants.

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MFA No.8470/2013, MFA No.8471/2013 and MFA

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No.8472/2013 are filed by the Insurance Company and MFA No.9671/2013, MFA No.9672/2013 and MFA No.9673/2013 are filed by the claimants challenging the judgment and award dated 02.08.2013 passed in WCA/NF/CR-149/2010, WCA/NF/CR168/2010, WCA/NF/CR-169/2010 by the Commissioner for Workmen’s Compensation, Chitradurga (‘Commissioner’ for

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short), questioning the liability as well as the quantum of compensation.

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The parties are referred to as per their original rankings before the Commissioner to avoid confusion and for the convenience of the Court.

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The factual matrix of the case of the claimants before the Commissioner is that they have met with an accident and sustained the injuries. The claimant in MFA No.9673/2013 had sustained fracture of both bones of left hand and left clavicle and the Commissioner has taken the disability of 35% and the Doctor has deposed 45%. Hence, both the claimant and the Insurance Company in MFA No.8470/2013 contend that the disability taken is on higher side and also on lower side, respectively. Hence, the respective counsel contends that ought not to have taken the disability at 35% and ought to have taken the disability as assessed by the Doctor as per the claimant. The learned counsel appearing for the Insurance Company would submit that when the finding is perverse, the Court can interfere with the findings of the Commissioner.

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In MFA No.9671/2013, the claimant was a driver and he has suffered compression fracture of L1 vertebra and fracture of left radius. The Doctor has assessed the disability at 50% and the disability taken was 40%. The learned counsel appearing for the claimant would submit that the income taken was very less i.e., Rs.4,000/- in other case only Rs.3,800/-.

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In MFA No.9672/2013, the claimant/injured was a loader. He had suffered fracture of scapula and fracture of III and IV ribs. The disability assessed at 36% is on higher side as per the Insurance Company. The learned counsel appearing for the claimant would submit that the Commissioner rightly assessed the disability and all the injuries are not scheduled injuries and based on the evidence of the Doctor considered the same. It is settled law if finding amounts to perversity, the Court can reassess the question of fact also and hence it requires re-consideration.

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Having heard the respective counsel, this Court has

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to take note of the nature of injuries suffered by the claimant in MFA No.9673/2013 i.e., in respect of WCA/NF/CR-149/2010 and considering the contention of the Insurance Company in MFA

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No.8470/2013, taken the relevant factor as 213.57 and reconsidering the disability at 35% considering the nature of injuries and the Commissioner also not considered the evidence of the Doctor, the same is reduced to 25%. Hence, the compensation is re-assessed by taking the income as Rs.6,000/per month since the accident has occurred subsequent to the amendment effected to the Employees Compensation Act in the year 2010. Having considered the relevant factor, the loss of future income would be Rs.1,92,213/-

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(6000x60%=3600x213.57x25%).

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In MFA No.9671/2013, I have already pointed out that he was a driver and he has suffered compression fracture of L1 vertebra and fracture of left radius, it involves use of the left hand for driving. Hence, instead of taking 40%, it is appropriate to take 30% disability. Hence, the compensation is re-assessed by taking the income as Rs.7,000/- per month as he was driver. Having considered the relevant factor as 163.07, the loss of future income would be Rs.2,05,468/-

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(7000x60%=4200x163.07x30%).

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In MFA No.9672/2013, the claimant was a loader

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and suffered the fracture of scapula and fracture of III and IV ribs ulna. Having considered the fractures, it is appropriate to take the disability of 20% as against 30% assessed by the Commissioner. Hence, the compensation is re-assessed by taking the income as Rs.6,000/- per month. Having considered the relevant factor as 211.79, the loss of future income would be Rs.1,52,489/- (6000x60%=3600x211.79x20%).

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The Tribunal has committed an error in awarding interest at the rate of 7.5% per annum from expiry of thirty days of the award, the same is erroneous and the same is at 12% p.a. after 30 days of the accident.

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In view of the discussions made above, I pass the

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following:

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ORDER

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(i) The appeals are allowed.

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(ii) The Judgment and Award of the Commissioner dated 02.08.2013 passed in WCA/NF/CR-149/2010, WCA/NF/CR168/2010, WCA/NF/CR-169/2010, are hereby modified.

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(iii) The appellant/claimant (Manjunath) in MFA No.9671/2013 is entitled to compensation of Rs.2,05,468/as against Rs.1,56,547/awarded by the Commissioner with interest at the rate of 12% per annum after 30 days of the accident till its realization.

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(iv) The appellant/claimant (Subhan Sab) in MFA No.9672/2013 is entitled to compensation of Rs.1,52,489/as against Rs.1,73,837/awarded by the Commissioner with interest at the rate of 12% per annum after 30 days of the accident till its realization.

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(v) The appellant/claimant (Ganesha) in MFA No.9673/2013 is entitled to compensation of Rs.1,92,213/as against Rs.1,56,547/awarded by the Commissioner with interest at the rate of 12% per annum after 30 days of the accident till its realization.

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(vi) The Insurance Company is directed to deposit the enhanced compensation amount within six weeks from today.

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(vii) The amount in deposit is ordered to be transmitted to the concerned Commissioner, forthwith.

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(viii) The Registry is directed to transmit the records to the concerned Commissioner, forthwith.

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Sd/JUDGE

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cp*

Divisional Manager , v. Subhan Sab

Case brief

What is this about?

What did the court decide?

Divisional Manager , v. Subhan Sab

Case brief

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What did the court decide?

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