High Court Karnataka High Court

Branch Manager vs Anjinappa @ Anjaneya on 1 October, 2010

Karnataka High Court
Branch Manager vs Anjinappa @ Anjaneya on 1 October, 2010
Author: K.L.Manjunath And B.Manohar
$1 3 ,
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IN 'l'IiE HIGH COURT ()1? KARKATAKA AT 
DATED ms Tim 1:": my OF OCTOBER, 2'B:,Q." '-  

PRESENT



THE HDFBLE B.mJUSflGE.K,L.§fiAR§§U1§ATfl  A 

AND

um HOHBLE MR. msncs;  _ 

  
BETWEEN:    & 

1 BRAHCHMANAGER   

UNITED EEDIA mgmmca    L'Il'B'., BRAKCH
OFFICE; -#2}; 12,1 FI@f0R."§}iv..sV.B'§3II.DBlG
12.s.Rc3An;nHnRMAvARAn&,AHm-ma mnnnsa.
m::w%  BY %rz%.s.1'~:r:.c3zAE.«T%% 
B'Lo:RE     

  n -  ...APPEz'..mN'r

 "  -  A*i!{ KRI§B'3§A swamr, ADV. )

1 AEJHEAPPA @ ANJANEYA

sit: HANUMAKTHAPPA
x T NQW AGED ABOUT 56 YEARS
~ A A EH10 1cYA'rHAxAGAcmRLU

*  YAGABULLI mar, HAGALAMADHWZ I-{DELI
PAVAGADA TALUK
WMKIJR DIST

2 B S SKID}-IARA
810 LATE SRIKANTAIAH

MAJOR
3/



i

R! 0  , AHAHTTIAPUR
DIST,ANDI-RA PRADESH STATE

 RE.a9oNDEnfrs;

(By Sri : VB Sm  ma cm:  T  

'nus MFA FILED U15 30(1) OF we    
TI-E JUDGMENT AND ORDER ,..DATED':"'".1(5{1'2!20x)6"'»   

PASSED at WCAIFCJCR-3712006-O'? GK THE' 41«_'!I_;E"0I~*
THE ASST. LABGUR '-:C(3%&L%éfiS3I<3HEI"€  

comrnssrcmnx FOR WQRKI¢E1'§'S.. commxmitcxgkk
SUB-DN.1, BANGALORE, Awganms £'..OB@E_'2E3a&.'~"fi0N  %

OF Rs.3,39,+2o/-WITH IN'TERES'r  or Rs.§7,3s31-
'IU'I'AL.fliG1URS.4,07,4~53I;~.-.=..    

ms APPEAL rmmme THIS
DAY, mnatmam J, AZ3EL1§'ER1£D~*ITm_FOLL0WRUG:

an

   

  of the order and
awardz' '   "fiammjssianer far Wur1%'s

 in case Nu.WCA[FC[CR«-

   is eallecl in quamtion En this
 ~/ 1_     V Q.

  fncm laadingto this cm are as  :

   Tm Rapondentt-1 lodged a Clam: pefition befom

   Comm sianar for Wormsmfi Comma13on' ,

Batgalem, on the groum that his sun by name
Hanzumantharayappa @  pm was working

5/



3

as a ahaaw undar the 2531 Respondent in a paasmw

bus hearing Ha.AB-021V-0639, which vehicla

fin-om Pawm tn Vmh

Fabmmry 90%, in the night tw bus Wm

Govt. Sahara! at V’ ‘

was war&@ as a. china

bus. At about 3.30 pm. 5:”

the Govt. School there.
On amuutrt of 1’.h:e Emma there
was mg bullets pamaa
that: body akecping in the
bus nfwhicii he died. 0:: the

A ‘V canine of cztnpleymnt, the fitkm

‘ £3?” pm, lodged an shim

.. ..3~. :.’I’i’me appellant Im$ w&dad the was

«’ at the Poflaoy does not mm the rhk at’ a

‘ “‘–}§e:’snnwhr1n’1Iadi1:1ahuIlst’mjuryina.Haxa3i’bas aflfick

whanflnbimwasmtonémemwuneplazimfivm
&ydn m Vmh 61’ fram

{W

Vmm to Pavagada. Aeoordm 1x: the
appellant, the bus used in halt at

stationed in fiunt of 1213 Govt.

Vwm

cannot be held that

emlofit while uaim not dig:

in a motor which    without
oumiderixg   "  petition
awaniing     immm ancruad

 

J _ _"    and c-~01-rectum ofthe
  

4. the cznly qumfion. to he

this appuu is whsather the claim

% by the 1» Respondent was xnaintainable

<31' I-Ianumanthappa was on amount of

If '..f_' battalinn of Rwmrve Police and the group of

9/

s

5. Admttodly, that: bus in quwtion for which policy

was issued by the agpeilant was nut plying 9.1; the
emnuhe bewmn. Pavagada to .4

Aftm the sc.hed11lae trip tafthe bus, the hue

Vmm and the ‘V ‘
baa and if the claanm wgn ‘T .h:..z:§ J

completion of his duty. kitfif mg i: the”

deceased was on duty, trxgaacgma did
mt die on amount cf it was
only on by him in
a clash you? and the Pofioe
act, a mm of 123.1 lakh has
been by the Gorveri on
of of Hanumanthappa due ea bullet

*A attack. Thmfim, this czmnt is of

the Commissioner did mt oomédm the:

£ad£f1fi;1£adeceanedwnsn3tondut3’atthehme’ –

arm awn and that he am an: ant die an aoeount of

occurred to a mtor vehicb and that he

‘died on aweunt of the bullet injux-in which aannat be

atiributafi as a cause ofacfinn to claim compansafian

6%

5
under the Worlmnh Ccmpmation Act, bases’! on the
policy hailed by the appefiant since such mt
(roamed under the pt:-licy. Sine: the deceasgcfif “i;1.;:t

an duty as itwaa beyond the duty bur,

was aleepm in the bus ‘V ‘ T

the appeilant — Ixnuranm

‘W39

compenaafipnpizwe the {vim mg

the ccuraa of hi ~~.x;_u’ was fir
the 1st a.ga’mm: the
Smtae an sccorunt of
the received in an
‘Between the Haxalims group
and

:3. In’ um appeal is anowed.

award passed by the Can1nm¥sionm” for

T 35 ‘:’.;;.”‘Compenaafion, Bamalom in cam

x§.=aarc§;1éc/on-37;2one»o? at. 15.12.2005 is hereby

The claim’ lodged by the 1″ Raapoment is

mjema. It is ap-an for tin 1» Respondent tn file

V Wa suit for (mu smut the t on amount

afthe dmth afhis sun.

6/

‘1’hcamoum:mdeposit’mordez-edtobercnzrnadto

the appellant — Imuraxme Company.

1;

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