Y KOTRAPPA, S/O. Y YELLAPPA Vs. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., CHAMARAJPET, DAVANGERE AND SMT. SUNDARI BAI, W/O. GANAPATHI BANDI, MAJOR, R/A. NO. 638, NEAR CHOWDAMMA TEMPLE, HALARPURA VILLAGE, HARIHARA

JUDGEMENT

(1.) THE appellants/claimants being not satisfied with the quantum of compensation awarded in the common judgment and order dated 16.2.2006 in KAD/KNP/CR -77/05, 78/05 and 79/05 made by the Commissioner for Workmen Compensation, Davangere have filed these appeals seeking for enhancement of compensation awarded to them. When the above appeals were taken up for hearing, it was brought to the notice of the court that the National Insurance Co. Ltd., has filed MFA No.7830/2006 connected with MFA Nos.7832/2006 and 7834/2006 challenging the very same judgment and order passed by the Commissioner for Workmen's Compensation, Davanagere, insofar as fixing the liability on the Insurer to pay the compensation. This Court by its order dated 11 -3 -2011 allowed the said appeals filed by the. Insurance Company and set aside the judgment and order dated 16 -12 -2005 made in KAD/KNP/CR -77/05, 78/05 and 79/05.

(2.) IN view of allowing the appeals filed by the Insurance Company and setting aside the order dated 16 -2 -2005 passed by the Commissioner for Workmen's Compensation, Davanagere, the question of enhancing the compensation in these appeals does not arise and the appeals filed by the appellants are liable to dismissed as the same do not survive of consideration. Accordingly, I pass the following: ORDER