- 1 - HC-KAR NC: 2025:KHC-K:3132 MFA No. 201450 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.201450 OF 2021 (ECA) BETWEEN: THE BRANCH MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO. LTD., ASIAN AREA, OPP. SYNDICATE BANK, NEAR ANAND HOTEL, S.B. TEMPLE ROAD, KALABURAGI. THROUGH AUTHORISED SIGNATORY. …APPELLANT (BY SRI SUBHASH MALLAPUR, ADVOCATE) AND: 1. V. LAKSHMI W/O SHEKAR AGE: 30 YEARS, OCC: HOUSEHOLD, 2. SAMARTH @ CHINNU S/O SHEKAR, AGE: 08 YEARS, OCC: STUDENT U/G OF HIS MOTHER R-1. 3. SAPRATI D/O SHEKAR, AGE: 07 YEARS, U/G HER MOTHER R-1, ALL R/O: JAL NAGAR, VIJAYAPUR – 586 101. 4. SHAIK BABU S/O BAVAJAN AGE: 37 YEARS, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3132 MFA No. 201450 of 2021 OCC: BUSINESS, R/O: D.NO.1-125, EGUVA MACHIREDDY, GARI PALLI (V), RACHIVE TIVARI PALLI (P), NIMMANAPALLI (M), CHITTOOR, ANDHRA PRADESH – 517 325. …RESPONDENTS (BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE FOR R1 TO R3; R2 AND R3 ARE MINORS, U/G OF R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF EMPLOYEE COMPENSATION ACT, PRAYING TO SETTING ASIDE THE JUDGMENT AND ORDER DATED 10.08.2020 PASSED IN E.C.A. NO.4/2015, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though matter is listed for consideration of I.A.no.1/2025, learned counsel for respondents no.1 to 3 brought to notice of this Court that against same award, claimants had preferred MFA no.201492/2021, wherein this Court had heard claimants as well as insurer and allowed appeal by enhancing compensation to Rs.8,72,160/-. It is submitted there was no contention urged about liability or brought to notice of this Court about pendency of insurer’s appeal. Therefore appellant/insurer would be estopped from pursuing appeal. - 3 - HC-KAR NC: 2025:KHC-K:3132 MFA No. 201450 of 2021 2. In view of fact that claimants’ appeal arising out of same impugned judgment and award, which was allowed in presence of insurer represented by same counsel, following judgment and award dated 14.09.2023 passed in MFA no.201492/2021, present appeal would not survive for consideration. 3. Consequently, present appeal is dismissed. All pending applications are accordingly dismissed. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 27