SWAMY Vs. KUMARA

JUDGEMENT

(1.) The present appeal has been filed seeking to challenge the judgment and award dtd. 22/2/2018 in E.C.A No.83/2014 passed by the Principal Senior Civil Judge, Mandya [hereinafter referred to as the "Impugned Judgment"]. By the Impugned Judgment, the petition filed under Sec. 10 of the Employee's Compensation Act, 2023 [hereinafter referred to as the "E.C. Act"] seeking compensation has been dismissed.

(2.) The Learned Trial Court has found that the injury sustained is not in accordance with the provisions of Sec. 3 of the E.C. Act, and thus, the petition has been dismissed.

(3.) Learned counsel for the appellants has raised only one challenge to the Impugned Judgment. He submits that the Impugned Judgment suffers from an infirmity and there were two incidences i.e., one of injury and the subsequent which led to the murder/death of the deceased and the Learned Trial Court has wrongly considered the second incident to pass the Impugned Judgment and Award.