- 1 - HC-KAR NC: 2025:KHC:33623 MFA No. 1269 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1269 OF 2023 (ECA) BETWEEN: 1. SMT. VASANTHA W/O LATE RAMU AGED ABOUT 41 YEARS 2. KUM. RAMITHA V R MINOR D/O LATE RAMU AGED ABOUT 17 YEARS 3. KUM. JYOTHI V R D/O LATE RAMU AGED ABOUT 16 YEARS 4. KUM RASMITHA V R MINOR D/O LATE RAMU AGED ABOUT 15 YEARS PETITIONER NOS.2 TO 4 MINORS REPRESENTED BY MOTHER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33623 MFA No. 1269 of 2023 PETITIONER NO.1 VASANTHA ALL ARE R/O ITTIGE SEEGODU BALEHONNUR POST B KANABURU VILLAGE N R PURA TALUK CHIKKAMAGALURU DISTRICT - 577 101 …APPELLANTS (BY SRI. VENKATE GOWDA K., ADVOCATE) AND: SRI. M G JAYARAMA S/O GOPALA SHETTY MAJOR IN AGE PROPRIETOR - DUBLA ESTATE DUBLE, HERUR VILLAGE, DURGADABETTA POST MEGUNDA HOBLI, KOPPA TALUK CHIKKAMAGALURU DISTRICT - 577101 …RESPONDENT (BY SRI. B C PRABHAKAR, ADVOCATE) THIS MFA IS FILED U/S 30(1) OF WC ACT,1923 AGAINST THE JUDGMENT AND AWARD DATED 15.11.2022 PASSED IN E.C.A NO. 2/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R. PURA, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33623 MFA No. 1269 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in E.C.A. No.2/2021 dated 15.11.2022 by the Senior Civil Judge and J.M.F.C., N.R.Pura, whereby the Court had dismissed the petition filed by the appellants seeking compensation for the death of the deceased, the appellants are before this Court. 2. In this case, the accident had taken place on 14.02.2019 and the instant petition ECA was filed on 30.09.2021. The Court had considered Section 10 of the Employees Compensation Act and where the application needs to be filed within two years of the occurrence of the accident or in case of death within two years from the date of his death. In this case, when there is a delay, then no application is filed seeking condonation of the delay and without filing the application, the appeal is filed. As such, it is dismissed as not maintainable. 3. Learned counsel appearing for the appellants - claimants submits that the death was during the pandemic - 4 - HC-KAR NC: 2025:KHC:33623 MFA No. 1269 of 2023 time, and as the Standing Operating Procedure (SOP) is in force, the Court ought to have considered the case that too it is a case of death. On these kinds of technical reasons, Court ought not to have dismissed the petition. 4. Learned counsel appearing for the respondent submits that the claimants had not even taken minimum care to file an application under Section 5 of the Limitation Act and the Court had rightly dismissed the petition and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the entire material on record. 6. As per Section 10 of the Employees Compensation Act, it has to be from two years from the date of the death and in this case, the death is on 14.02.2019 and the petition is filed on 13.09.2021. There is a delay and no doubt it was the pandemic time. The appellants ought to have filed an application under Section 5 of the Limitation Act, but unfortunately in this case, it is not filed. But considering the fact that it is a case of death and appellants has every right to - 5 - HC-KAR NC: 2025:KHC:33623 MFA No. 1269 of 2023 seek for the compensation, the same cannot be denied on technicalities. But at the threshold, on this ground, the petition cannot be dismissed. At the same time, the Court is conscious of the delay and laches on the part of the claimant. In case the petition is allowed, the respondent cannot be burdened with interest. In those circumstances, this Court deems it appropriate to set aside the order and remand the matter for fresh consideration. 7. Accordingly, the appeal is allowed by setting aside the award passed in ECA No.2/2021 dated 15.11.2022 and matter is remanded back to the Court of the Senior Civil Judge and J.M.F.C., at N.R.Pura, for fresh consideration. i. The appellant is not entitled for interest for the delayed period in filing the petition before the MACT and from the date of order of the MACT, till today. ii. The parties without further notice shall appear before the Tribunal on 18.09.2025. iii. Considering the fact that this accident had taken place in the year 2019, the Court shall consider and - 6 - HC-KAR NC: 2025:KHC:33623 MFA No. 1269 of 2023 pass appropriate orders, within a period of nine months from 18.09.2025. iv. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. v. No Costs. vi. Pendent miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KG List No.: 1 Sl No.: 13