LAWS(KAR)-2001-1-24

KARNATAKA LAND ARMY CORPORATION Vs. SOMAVVA

Decided On January 15, 2001
KARNATAKA LAND ARMY CORPORATION Appellant
V/S
SOMAVVA Respondents

JUDGEMENT

(1.) IN filing the instant appeal, the Karnataka Land Army Corporation had challenged the order dated 2. 5. 96 in case No. KA. NA. PA/nr. 55/ 91 passed by the Workmen's Compensation Commissioner, North canara Dist. , Karwar. In passing the said order, the Workmen's compensation Commissioner, North Canara District, Karwar (henceforth in brief referred to as the WCC) had awarded a sum of rs. 61,236/- together with interest at 6% p. a. on that amount.

(2.) THE learned Counsel for the appellants Sri Prasad had taken me through the impugned order passed by the WCC. He had also taken me in brief the facts of the case. He had further taken me through the evidence of the respondent No. 1 on the one side and the appellant Corporation on the other.

(3.) AT the outset, Sri Prasad had argued that the NMR what his party had produced before the WCC under a memo on 30. 11. 95, copy found as at page No. 180 of the records, is not at all forthcoming in the records. He had also pointed out that in the very memo it had been set out that the NMR's attested copies were containing in all 92 pages and therefore, it is obvious that the said voluminous document was misplaced by the WCC. He had also pointed out that the learned WCC had also very well referred to the said document to base his orders but all the more the same is found to be missing on the records.