NEW INDIA ASSURANCE CO. LTD. Vs. HALAPPA

JUDGEMENT

(1.) Short question that arises for consideration in this appeal is whether after a claim petition was dismissed for non prosecution, the claimant can file a fresh petition on the same cause of action without getting the original claim petition restored.

(2.) The facts lie in narrow compass. Claimant Halappa was working as a driver in respect of lorry bearing registration No .KA-25/B-574 owned by respondent No.1 M/s. Vi jayananda Roadlines Ltd., and insured with appellant herein. On 11 .10.2005 while the claimant was driving the lorry, it met with an accident and claimant su ffered injuries. A case in Crime No .131/2005 was registered in Hirebagewadi Police Station in connection with the accident. The claim petition filed by him in WC/NF/No .159/2005 before the learned Labour O fficer and Commissioner for Workmen s Compensation, Hubballi came to be dismissed for non-prosecution by order dated 27.02.2007. Subsequently, he filed restoration petition in Miscellaneous case No.2/2007 . It was dismissed by order dated 15 .04.2008. A fresh claim petition was thereafter filed in WCR/NF/No .95/2009 be fore the learned Labour Officer and Commissioner for Workmen s Compensation, Haveri (for short, Commissioner ). After inquiry, the learned Commissioner by award dated 21 .01.2011 awarded compensation of Rs.1 ,74,703/- with interest thereon at 12% P.A.

(3.) The only contention advanced by the learned counsel Sri.Ra jasekhar S Arani for the appellant is that since earlier claim petition in WC/NF/No .159/2005 was dismissed for non prosecution, the claimant is not entitled to file a fresh claim petition on the same cause of action.