Disposed

The Branch Manager v. a Ajay

Karnataka HC13 Nov 2024MFA/1425/2020

Case brief

AI extract

What is this about?

Insurer's appeal against an employees' compensation award. Claimant sought to withdraw the compensation claim since the trial court found he could not be employee of his own mother, intending to claim under the Motor Vehicles Act instead.

What did the court decide?

Claim petition under EC Act permitted to be withdrawn with liberty to claim under MV Act; time spent excluded from limitation; deposited amount refunded to insurer.

The Branch Manager Vs a Ajay — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:46153 MFA No. 1425 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.1425 OF 2020(ECA)

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BETWEEN:

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THE BRANCH MANAGER SBI GENERAL INSURANCE COMPANY LTD. RUKMINI TOWERS, 3-1 PLATFORM ROAD/RAILWAY APPROACH ROAD SHESHADRIPURAM, BENGALURU-560 020 REP. BY ITS MANAGER.

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…APPELLANT

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(BY SRI B. PRADEEP, ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R

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Location: HIGH COURT OF KARNATAKA

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A. AJAY S/O. ANJANAPPA NOW AGED ABOUT 24 YEARS R/AT NO.44/A, 4^TH CROSS ATTUR, 2^ND STAGE

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AKSHAYANAGAR MAIN ROAD THIRUMALANAGAR, YALAHANKA BENGALURU.

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SUJATHA

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W/O. C. ANJANAPPA NO.27, B. THONDEEBHAVI VILLAGE AND POST RAILWAY STATION, GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT.

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…RESPONDENTS

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(BY SRI SHRIPAD V. SHASTRI, ADVOCATE FOR R-1; R-2 IS SERVED AND UNREPRESENTED)

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2 - NC: 2024:KHC:46153 MFA No. 1425 of 2020

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THIS MFA IS FILED UNDER SECTION 30(1) OF EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.10.2017 PASSED IN ECA.NO. 152/2015 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, XXXV ACMM AND EMPLOYEES COMPENSATION COMMISSIONER, BENGALURU (SCCH-16), AWARDING COMPENSATION OF RS. 72,100/- WITH INTEREST AT 12% P.A. FROM THE DATE OF ACCIDENT i.e., 15.08.2015 TILL ITS REALIZATION.

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THIS MFA, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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Learned counsel for the claimant contends that in view of the stand taken by the insurer and also the finding recorded by the Trial Court that the claimant would not have been the employee of his own mother, he may be permitted to withdraw the claim petition that he had filed under the EC Act and liberty may be reserved to prefer a claim petition under the provisions of the Motor Vehicle Act.

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The claimant is permitted to withdraw the claim petition that he had filed under the provisions of the

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NC: 2024:KHC:46153 MFA No. 1425 of 2020

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EC Act and is granted liberty to initiate proceedings

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under the Motor Vehicle Act.

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The time spent in these proceedings shall stand excluded in case the claimant prefers claim petition under the provisions of the Motor Vehicle Act.

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In view of the above, the amount deposited by the insurer shall be refunded to it.

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Accordingly, this appeal is disposed of.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR List No.: 1 Sl No.: 10

The Branch Manager v. a Ajay

Case brief

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The Branch Manager v. a Ajay

Case brief

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