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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

ON THE 23RD DAY OF APRIL 2018

BEFORE

THE HON'BLE MR. JUSTICE K.N. PHANEENDRA

M.F.A. NO.24245 OF 2012 (W.C)

BETWEEN :

T. ANWAR S/O. KASIMSAB AGE: 37 YEARS, OCC: DRIVER, R/O. NEAR KHARKANE MASZID, DEVINAGAR, BELLARY. ... APPELLANT

(BY SRI. JADAI MANJUNATH, ADVOCATE)

AND

• 1. KHAJA MOINUDDIN S/O. HANSEN SAB, AGE: MAJOR, OCC: OWNER OF AUTORICKSHAW VEHICLE NO. KA 16 - 5604, R/O. W.NO. 18, SANGANKAL ROAD, NEAR KEB, BELLARY DISTRICT, DT: KURNOOL. (ANDHRA PRADESH).
• 2. THE DIVISIONAL MANAGER, ORIENTAL GENERAL INSURANCE CO. LTD., BELLARY. ... RESPONDENTS

(BY SRI. S. S. KOLIWAD, ADVOCATE FOR RESPONDENT NO.2; RESPONDENT NO.1 – NOTICE SERVED)

THIS MFA IS FILED U/S.30(1) OF THE WORKMEN'S COMPENSATION ACT, 1923, AGAINST THE JUDGEMENT AND AWARD DATED 14.05.2012, PASSED IN W.C.A. NO.340/2006 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN'S COMPENSATION, SUB-DIVISION-1, BELLARY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Heard the learned counsel for the appellant.

2. Perused the records. The Workmen's Compensation Court, vide its order dated 14.05.2012 in Kaa.A.Ba-1/KaaNaPa/CR-340/2016 has rejected the claim petition filed by the petitioner, who filed the claim petition claiming compensation for the injuries sustained by him in a motor vehicle accident i.e., in autorikshaw bearing registration No.KA-16/5604, on 19.08.2006 at about 9.30 a.m.

3. The claim petition was dismissed only on the ground that the doctor was not examined to prove the disability of the claimant. The order discloses that the claimant has not produced any documents as such before the Court except Exhibit P.3, the certificate issued by the doctor with regard to disability etc. Under the above said facts and circumstances, I am of the opinion that it is just and necessary to provide one more opportunity to the claimant to produce all the necessary documents like FIR and other documents pertaining to the accident and the injuries sustained by him and also to examine the doctor, who treated him and issued certificate/Exhibit P.3, in order to assess the disability of the claimant. Hence, the following:

ORDER

• i. The Appeal is allowed.
• ii. Consequently, the order dated 14.05.2012 passed by the Commissioner for Workmen's Compensation in Ka.A.Ba-1/KaaNaPa/ CR-340/2016 is hereby set aside and the matter stands remitted to the Court of Commissioner for Workmen's Compensation Cum Civil Judge (Sr. Dn.), Bellary, with a direction to provide opportunity to both the parties

to lead further evidence, orally and documentary, and thereafter dispose of the case in accordance with law.

SD/-JUDGE

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