The Divisional Manager, v. Jailingappa S/O Sannchitappa
Case brief
What is this about?
Maintainability of a second/fresh workmen's compensation claim petition after the first was dismissed as 'not pressed' without liberty; scope of the Order IX Rule 9 CPC bar ('same cause of action'); continuing/recurring cause of action for motor vehicle accident and employment-injury compensation claims; whether permission is needed to withdraw a compensation claim; Order XXIII Rule 14 CPC withdrawal preclusion; distinction of prior Karnataka HC decisions (Manoranjana v. Ayub Sardar Sheikh, MFA 101224/2022 c/w 100968/2020; Divisional Manager v. Rahimansab, 4116/2008; Divisional Manager v. Halappa, MFA 24208/2011); United India Insurance appeals against Commissioner, Haveri awards in W.C.A./N.F.Nos.33-38/2011; MFA Nos.24762-24767/2012; interest 12% p.a.; amicus curiae appointed for absent respondents; lorry KA-02/A-9163 brick-loading accident of 10.07.2004.
What did the court decide?
None to the appellant: all six appeals dismissed; the judgment and order dated 15.06.2012 of the Labour Officer and Commissioner for Workmen's Compensation, Haveri, in W.C.A./N.F.Nos.33-38 of 2011 stands confirmed; the amount in deposit by the insurance company to be transmitted to the Commissioner concerned for disbursement along with TCR; fees to be paid to the Amicus Curiae as per rules; no order as to costs.