SOWBHAGYA, W/O LATE THIPPESWAMY, SRI. PARAMASHIVAIAH S/O LATE THIPPESWAMY AND SRI. KUMAR S/O LATE THIPPESWAMY Vs. UMA INDUSTRIES AND THE BRANCH MANAGER ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THESE two appeals are filed by insurance company and claimant questioning the judgment and award passed by Commissioner, Workmen Compensation -3, Bangalore in WCA -3/FC/CR/98/2007 dated 30.05.2007 whereunder claim petition filed by claimants came to be allowed in part and a compensation of Rs. 3,20,355/ - was awarded to the legal heirs of deceased employee. Claimants filed MFA No. 15094/2007 are seeking for enhancement and insurance company has filed MFA No. 3527/2008 on the question of relationship and quantum. Since these two appeals arise out of a common judgment and award, they are taken up together for consideration.

(2.) HEARD Sri. P.B. Raju, learned Counsel appearing for insurance company and Sri. H. Pavana Chandra Shetty appearing for claimants. Employer is served and unrepresented in MFA No. 3527/2008 and Respondents 1 to 3 are represented by Sri. Pavana Chandra Shetty. In MFA No. 15094/2007 notice to R -1 namely employer has been dispensed with by order dated 23.11.2009 and R -2 is represented by Sri. P.B. Raju. Hence service of notice on all parties in both appeals are complete and by consent of learned Advocates for both the parties, these appeals are taken up for final disposal since they are of, the year 2007 -2008 and pending for admission since then. Parties are referred to as per rank before Commissioner for Workmen's Compensation.

(3.) HAVING heard the learned advocates appearing for both the parties, I am of the view that following substantial questions of law would arise for consideration: