KAVITHA DILIP PATIL Vs. ANANDA GNANU PATIL

JUDGEMENT

(1.) THIS reference has been placed before this Full Bench as per the order of Honble Chief Justice, dated 31. 10. 2003, and has come up before us.

(2.) M. F. A. No. 1910 of 1997 has been filed under section 30 of the Workmens compensation Act, 1923 (for short the wc Act) against the judgment and award dated 12. 2. 1997 in WCA:sr:111 of 1995 for enhancing the compensation. Learned single Judge on admitting the case found that the Division Bench of this court in national Insurance Co. Ltd. v. Balawwa, 1993 ACJ 815 (Karnataka), has not taken into consideration another judgment of this court in the case of New India Assurance co. Ltd. v. Raja Naika, 1992 ACJ 521 (Karnataka), wherein it was held that the insurance company can defend itself with all the defences available under section 149 (2) of the Motor Vehicles Act, 1988 (hereinafter called the MV Act ). The matter was referred to a Division Bench vide order dated 19. 8. 2003. The Division bench considering that the two decisions appeared to be in conflict, referred the same to a Full Bench vide order dated 10. 10. 2003.

(3.) THE connected M. F. A. Nos. 792, 1424 and 2405 of 1995 have also been referred to and placed before Full Bench in view of the order dated 31. 10. 2003, as stated.