- 1 - NC: 2025:KHC-D:5635-DB MFA No. 102960 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102960 OF 2016 (WC) BETWEEN: THE BRANCH MANAGER, M/S. ORIENTAL INSURANCE COMPANY LIMITED, K.C. ROAD, BALLARI, NOW REPRESENTED BY AUTHORISED SIGNATORY. …APPELLANT (BY SRI S.K. KAYAKAMATH, ADVOCATE) AND: 1. MRS. KIRAN SINGH, W/O. LATE DHANANJAY KUMAR SINGH, AGE. 33 YEARS, 2. MINOR ADITYA SINGH S/O. LATE DHANANJAY KUMAR SINGH, AGE. 11 YEARS, 3. MINOR ANUSHRI SINGH D/O. LATE DHANANJAY KUMAR SINGH, AGE. 08 YEARS, SINCE THE RESPONDENTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER SMT. KIRAN SINGH. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5635-DB MFA No. 102960 of 2016 ALL ARE RESIDENTS OF G1/4 JSW TOWNSHIP, SHANKAR GUDDA COLONY, TORANGALLU VILLAGE, SANDUR TALUK, BALLARI DISTRICT, PIN-583101. 4. M/S. NEHA CONSTRUCTIONS PRIVATE LTD., BY ITS CHIEF PROJECT MANAGER RAJENDRA DEO, RESIDENT OF G2/4, S.G. COLONY, TORANGALLU VILLAGE, SANDUR TALUK, BALLARI DISTRICT, PIN-583101. 5. KASHINATH SINGH S/O. DEVI, AGED ABOUT 79 YEARS, R/O. G1/4, JSW TOWNSHIP, SHANKAR GUDDA COLONY, TORANGALLU VILLAGE, SANDUR TALUK, BALLARI DISTRICT, PIN-583101. …RESPONDENTS (BY SRI Y.LAKSHMIKANT REDDY, ADVOCATE FOR R2 AND R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO SETTING ASIDE THE JUDGMENT AND AWARD DATED 28.04.2016 PASSED BY THE SENIOR CIVIL JUDGE CUM MEMBER VI-MACT, KUDLIGI, IN ECA NO.40/2015, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5635-DB MFA No. 102960 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Learned counsel for the respondents No.2 & 3/claimants have filed affidavit dated 07.03.2025 in MFA.CROB No.100034/2019, wherein, it is placed on record that arising out of the same accident dated 20.09.2014, the claimants have preferred ECA No.40/2015, on the file of Senior Civil Judge Cum Member VI-MACT, Kudligi and MVC No.13/2015, on the file of Motor Accident Claims Tribunal-XII, Ballari. It is further placed on record that the claimants are not claiming any amount passed in ECA No.40/2015. 2. The above appeal is filed by the insurer challenging the judgment and award dated 28.04.2016, passed in ECA No.40/2015, by the Court of Senior Civil Judge Cum Member VI-MACT, Kudligi, whereunder, the Trial Court has partly allowed the petition filed under Section 10 of the Workmen’s Compensation Act, 1923 and awarded a compensation of ₹8,26,098/- together with interest at 12% per annum. 3. The appellant/insurer has filed a memo dated 18.03.2025, placing on record that, it has deposited a sum of - 4 - NC: 2025:KHC-D:5635-DB MFA No. 102960 of 2016 ₹8,26,098/-, dated 06.02.2025, vide cheque bearing No.004591, before the Trial Court in the claim proceedings on 12.02.2025. 4. In view of the affidavit filed on behalf of the claimants, the above appeal is allowed. 5. The judgment and award dated 28.04.2016, passed in ECA No.40/2015, by the Court of Senior Civil Judge Cum Member VI-MACT, Kudligi, is set aside. 6. The Trial Court shall refund the amount deposited by the insurer. No costs. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 13