THE D.C. Vs. HASANBASHA

JUDGEMENT

(1.) THOUGH both the appeal and the cross -appeal are listed today for admission, with the consent of the counsels appearing for the claimant and respondent, the same are taken up for final disposal.

(2.) THE respondent -corporation in M.xC. No. 853 of 2004 on the file of MACT -IV Bijapur, filed the above appeal against the judgment and award dated: 03 -11 -2009 passed therein, contending that the impugned judgment and award is passed without appreciating the evidence let in properly; awarding of compensation of Rs. 8,40,000/ - is erroneous and sought setting aside of the impugned judgment and award.

(3.) SRI Shivashankar H. Manur, the learned counsel for the appellant -corporation contended that though it is not pleaded before the tribunal nor urged as a ground in the memorandum of appeal, the question of admissibility of the proceedings filed by the claimant through next friend will have to be taken note off. In that regard, he further submitted that though the claimant is said to be represented by his wife as he suffered from mental disability and the entire proceedings is carried out by the next friend and wife of the claimant, however, the required formalities to prosecute in such manner is not followed by the claimant, in as much as no application was filed before the tribunal seeking permission to prosecute, nor court enquired with regard to contention of the claimant before allowing the next friend to prosecute the case.