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2025 Supreme(Online)(Kar) 24875

KARNATAKA HIGH COURT
ASHOK S. KINAGI, J
THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD. – Appellant
Versus
SRI. YALLAPPA S/O. MAHAGUNDAPPA GANIGER – Respondent


Advocates:
For the Appellants/Petitioners: SRI. GANGADHAR S HOSAKERI
For the Respondents: SRI. S.S. YALIGAR

Table of Content
1. the appeal challenges the award under the workmen’s compensation act (Para 1)
2. the facts of the case outline the employee's claim and the insurer's response. (Para 2 , 3)

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This Appeal is filed under Section 30(1) of the Workmen’s Compensation Act, 1923 (hereinafter referred to as ‘The Act,’ for short) by the appellant-Insurance Company, challenging the judgment and award dated 12.10.2011 passed in WC.NF.No.83/2008 by the Labour Officer and Commissioner for Workmen’s Compensation, Bagalkot (hereinafter referred to as ‘The Commissioner,’ for short).

2. Brief facts leading rise to the filing of this appeal, are as follows:

3. It is the case of the petitioner that he was working as a driver of an auto-rickshaw bearing Reg.No. KA-29/6495, belonged to respondent no.1. it is contended that on 27.01.2008, while the petitioner was driving the auto-rickshaw bearing Reg.No.KA-29/6495 as per the instructions of Respondent No.1, carrying passengers, from Badami to Ramdurg Cross towards Karadigudda village, the driver of an auto-rickshaw bearing Reg.No.KA-29/7085 was coming from Karadigudda side towards the Badami, in a rash and negli

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