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2026 DAILYLAW 49545 (KAR)

SRI SHARAVANA v. MR M S SUBBAIAH

MFA/9294/2015 · 2026-02-04

P Sree Sudha

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6587 MFA No. 9294 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9294 OF 2015 (WC) BETWEEN: SRI SHARAVANA S/O SUBBAIAH, AGED ABOUT 26 YEARS, R/AT NO.17, 1ST MAIN, 1ST CROSS, VIJAYANAGAR, BENGALURU - 560 040. …APPELLANT (BY SRI. VASANTHAPPA, ADVOCATE) AND: 1. MR M.S.SUBBAIAH S/O K.R.MANI, ANNEKOPPA, UJANIPURA, PAPER TOWN, BADRAVATHI, SHIMOGA, KARNATAKA - 577 201. 2. THE REGIONAL MANAGER M/S SHRIRAM GEN.INS.CO.LTD., MONARCH CHAMBERS, NO.5, 2ND FLOOR, INFANTRY ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. M. GOPALAPPA.,ADVOCATE FOR R1; SRI. B. PRADEEP.,ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6587 MFA No. 9294 of 2015 THIS MFA IS FILED UNDER SECTION 30 OF EMPLOYEES COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2015 PASSED ON E.C.A.No.268/2014 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU, DISMISSING THE PETITION FILED U/S.22 OF EMPLOYEES COMPENSATION ACT. THIS APPEAL COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for both sides are present. 2. There is a dispute regarding employer and employee relationship. 3. Learned counsel for the respondents requesting this Court to remand the matter to the concerned Tribunal for resolving the issue. 4. Therefore, this Court finds that it is just and reasonable to remand back the matter to the concerned Tribunal. Accordingly, this Court pass the following: ORDER i) The appeal is allowed. - 3 - HC-KAR NC: 2026:KHC:6587 MFA No. 9294 of 2015 ii) The matter is remanded back to the XII Additional Small Causes Judge and Member, M.A.C.T., Bengaluru. iii) The parties are directed to appear before the Tribunal on 16.02.2026 without awaiting any further notice. iv) The concerned Court is specifically directed to give reasonable opportunity to both sides for adducing the evidence and for arguments and to resolve the issue regarding employer and employee relationship within three months from the date of this order. Registry is directed to send the Trial Court records within ten days. Sd/- (P SREE SUDHA) JUDGE PHM List No.: 1 Sl No.: 78