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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.103413/2017 (ECA)
C/W.
MISCELLANEOUS FIRST APPEAL NO.100294/2018 (ECA)
IN MFA NO.103413/2017
BETWEEN:
SHRIRAM GENERAL INS COM LTD.,
V.A. KALBURGI, HALLMARK BUILDING
DESAI CROSS, PINTO ROAD
HUBBALLI, REPTD BY ITS
AUTHORIZED SIGNATORY
...APPELLANT.
(BY SHRI NAGARAJ C KOLLOORI, ADVOCATE.)
AND:
1. MANJUNATH S/O ANANDAPPA MYADAR
AGE: 30 YEARS, OCC. NIL
R/O: HOLABIKONDA VILLAGE
TQ. HIREKERUR, DIST. HAVERI
NOW @ SHIDDESHWARA NAGAR
RANEBENNUR, DIST. HAVERI
2. MUKHABUL S/O KHASIMSAB HALLYAL
AGE:MAJOR, OCC. BUSINESS
R/O: H.NO.673, KOTEGALLI
RATTIHALLI VILLAGE
TQ. HIREKERUR, DIST. HAVERI
...RESPONDENTS.
(BY SHRI C.M.HOSAMANI, ADVOCATE, FOR R.1;
R.2 - NOTICE SERVED.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923,
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PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
04.07.2017, PASSED IN ECA NO.5/2015, ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ENHANCING
COMPENSATION, ETC.,.
IN MFA NO.100294/2018
BETWEEN:
MANJUNATH S/O ANANDAPPA MYADAR
AGE: 30 YEARS,
OCC: NIL (COOLIE/HAMAL),
R/O: HOLABIKONDA VILLAGE,
TQ: HIREKERUR, DIST: HAVERI,
NOW @ SHIDDESHWARA NAGAR,
RANEBENNUR, TQ: RANEBENNUR,
DIST: HAVERI.
...APPELLANT.
(BY SHRI C.M.HOSAMANI, ADVOCATE.)
AND:
1. MUKHABUL S/O KHASIMSAB HALIYAL
AGE: MAJOR, OCC: BUSINESS,
R/O: H.NO.673, KOTEGALLI,
RATTIHIALLI VILLAGE,
TQ: HIREKERUR, DIST: HAVERI.
2. THE MANAGER LEGAL CLAIMS
SHRIRAM GENERALL INSURANCE CO. LTD.,
V A KALBURGI HALLAMARK BUILDING,
DESAI CROSS, PINTO ROAD,
HUBBALLI-580029.
...RESPONDENTS.
(BY SHRI N.C.KOLLOORI, ADVOCATE, FOR R.2;
R.1 - NOTICE SERVED.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
04.07.2017, PASSED IN ECA NO.5/2015, ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MOTOR
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ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ENHANCING
COMPENSATION, ETC.,.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:
ORDER
Learned counsel Shri Chandrashekhar M. Hosmani, who has filed connected appeal in MFA No.100294/2018 on behalf of the claimant, accepts notice for the claimant who is respondent No.1 in MFA No.103413/2017.
2. These appeals have been preferred challenging the judgment and award dated 4.7.2017, passed by the Addl. Senior Civil Judge and Addl. MACT, Ranebennur, in ECA No.5/2015.
3. During the pendency of these appeals, the parties to the proceedings have amicably settled the dispute before the Lok Adalath in order to buy peace and bring about a finality to the litigation on hand of the year 2015. Accordingly both the contesting parties along with their respective advocates having agreed to settle the matter as per the terms and conditions entered into by the parties in the joint memo, which is filed before the Court today. Same is accepted.
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4. The claimants have agreed to receive and the insurance company has agreed to pay a total lump sum of Rs.1,45,462/- as against the award of the tribunal of Rs.80,462/- as full and final settlement of the claim.
5. Both the learned counsel who are present before the Court have agreed to the terms and conditions of the joint memo which shall be a part of the record.
6. In view of both the parties and their respective counsel having settled the matter amicably between themselves and having consented to accept certain amount which is mentioned in the joint memo. In view of the above, it would be a futile effort to proceed further in these appeals. Hence, under these circumstances the present appeals need not be delved into further.
7. Insurance Company has agreed to deposit the said amount, excluding the amount, if any already deposited, before Tribunal within a period of six weeks from the date of this order. On deposit, the said amount shall be released in favour of claimant. 5
8. Both appeals stand disposed of in terms of Joint Memo. Award of Tribunal shall stand modified. Draw up the award accordingly.
9. The amount in deposit, if any, shall be transmitted to the concerned tribunal, forthwith.
SD/-
JUDGE Mrk/-