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2021 Supreme(Kar) 490

RAVI V.HOSMANI
Divisional Manager, Bharati AXA GIC Ltd. – Appellant
Versus
Renuka W/o Nagappa Sutagatti – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Nagaraj C.Kolloori, Advocate
For the Respondent:Sri. Kiran Angadi, Advocate, Sri. Chetan Limbikai, Advocate for Sri Santhosh Malagoudar, Advocate

JUDGMENT :

Challenging the Judgment passed by the I Addl. Senior Civil Judge and Commissioner under Employees’ Compensation Act, 1923, Belagavi in E.C.A.No.560/2014, this appeal is filed by the Insurer.

2. The respondent No.1 herein is the wife of deceased Sri. Nagappa Sutagatti. Respondent Nos.2 and 3 are his minor children and respondent Nos.4 and 5 are his parents. The respondent No.6 herein is the employer and the appellant is Insurer of respondent No.6. The respondent Nos.1 to 5 herein were the petitioners; respondent No.6 herein was respondent No.1 and the appellant herein was respondent No.2 in E.C.A. No.560/2014, respectively. For the sake of convenience, the parties will hereinafter be referred to as per their ranks before the Commissioner.

3. Brief facts leading to this appeal are that, the petitioners filed petition under Section 22 of the Employees’ Compensation Act, 1923 (hereinafter referred to as ‘E.C. Act’) seeking for compensation on account of death of Sri. Nagappa Shankreppa Sutagatti while under employment with respondent No.1. It was stated that, Sri. Nagappa Sutagatti was working as a coolie under respondent No.1 and was engaged in construction of residential apa

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