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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Govinda S/o Mudukappa – Appellant
Versus
Mallappa S/o Agarappa @ Hagarappa Pujar – Respondent
JUDGMENT :
SHIVASHANKAR AMARANNAVAR, J.
1. This appeal is filed by the claimant praying to set aside the order dated 01.04.2021 passed in ECA No.4/2017 by the Senior Civil Judge, Lingasugur (hereinafter referred to as “Commissioner” for short).
2. Facts leading to file claim petition by the appellant herein before the Commissioner are as under:
That on 14.07.2009, the claimant was on duty as a driver in the tractor -trailor bearing No.KA 36 TA-7564 and KA -36 T-2610. As per directions of respondent No.1 was driving the said tractor slowly on proper side of the road towards the land of Mallappa Kurubaru with the load of sand for un-loading in the agricultural land. At about 12.00 noon, the said tractor met with an accident and as result, the claimant has sustained fracture of right tibia and also sustained grievous injuries. The said accident has taken place in the course of employment. The claimant has taken treatment in the hospital. He filed claim petition seeking compensation.
3. Respondent No.2 has appeared before the Commissioner and filed objections denying averments of the claim petition. He has also contended that the driver is not holding effective license on the date of acci
Claimants must be allowed to explain delays in filing petitions under the Employee’s Compensation Act; dismissal on limitation without opportunity breaches judicial fairness.
The Commissioner under the Employees Compensation Act has the authority to condone delays in filing claims, necessitating consideration of such applications before dismissing claims on limitation gro....
An appeal under Section 30(1)(a) of the Employees Compensation Act, 1923 is maintainable when the claim for compensation is disallowed in full, regardless of the reason for disallowance.
The court affirmed that the employer-employee relationship is crucial for compensation claims under the Employee’s Compensation Act, including for casual workers post-amendment.
The court upheld the discretion to condone significant delays in claims under the Workmen’s Compensation Act, prioritizing substantial justice over procedural technicalities, particularly for illiter....
The central legal point established in the judgment is the liability of the employer to pay compensation under the Employee’s Compensation Act, 1923, and the court's discretion to impose simple inter....
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