Aabid Hussain S/O. Abdul Kareem ... vs Ayub S/O. Abdul Kareem Bagewadi
2021 Latest Caselaw 6502 Kant

                           1



        HIGH COURT LEGAL SERVICES COMMITTEE,
                  DHARWAD BENCH

                BEFORE THE LOK ADALAT

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BECNH

           ON THE 18TH DAY OF DECEMBER 2021

                  Conciliators Present

   THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                         AND

           SRI.LAXMAN T. MANTAGANI, MEMBER


 MISCELLANEOUS FIRST APPEAL NO. 100109 OF 2021 MV)
               LOK ADALAT NO.1754/2021

BETWEEN:
AABID HUSSAIN S/O. ABDUL KAREEM HANGAL
AGE. 36 YEARS,
OCC. DRIVER OF PASSENGER TEMPO
REG.NO.KA-25-A-196,
R/O. ALNAWAR
TQ AND DIST. DHARWAD
                                         ... APPELLANT
(BY SRI. C.M. HOSAMANI, ADVOCATE)

AND

      MRS. ZUBEDA BEGUM
      W/O. ABDUL KAREEM BAGEWADI,
      AGE. 45 YEARS,
      OCC. OWNER OF MAXI CAB BEARING
      ITS REG.NO.KA-25/A-196
      R/O. HANUMAN ROAD,
                            2



     ALNAVAR-581103
     TQ AND DIST. DHARWAD.
      SINCE DECEASED BY LRS

1.   AYUB S/O. ABDUL KAREEM BAGEWADI
     AGE. 23 YEARS,
     OCC. AGRICULTURE,

2.   ASHFAK S/O. ABDUL KAREEM BAGEWADI
     AGE. 21 YEARS,
     OCC. AGRICULTURE,

3.   AMUSTAK S/O. ABDUL KAREEM BAGEWADI
     AGE. 20 YEARS,
     OCC. AGRICULTURE,

4.   RAFIQ S/O. ABDUL KAREEM KAGEWADI
     AGE. 18 YEARS,
     OCC. AGRICULTURE,

     ALL ARE R/O. HANUMAN ROAD,
     ALNAVAR-581103
     TQ AND DIST. DHARWAD

5.   RELIANCE GENERAL INSURANCE COMPANY LTD.,
     V.A.KALBURGI SQUARE, DESAI CROSS,
     DESHAPANDE NAGAR, HUBBALLI-29

                                       ... RESPONDENTS

(BY SRI. SURESH GUNDI, ADV., FOR R5; R1 TO R4- NOTICE DISPENSED WITH)

THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED 06.07.2020 PASSED IN ECA.NO.21/2014, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, DHARWAD, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of respondent-Insurance Company along with

its counsel are present.

2. After prolonged negotiations, the matter is settled.

The appellant-claimant has agreed to receive and the

respondent-Insurance Company has agreed to pay a global

compensation of Rs.85,000/- (Rupees Eighty Five Thousand

only), in addition to what has been awarded by the Tribunal,

in full and final settlement of the claim. A joint memo is filed

on behalf of the parties to this effect. The same is accepted.

3. The entire amount shall be released in favour of

the claimant.

4. The respondent-Insurance Company has agreed to

deposit the said amount before the Tribunal within six weeks

from the date of preparation of Award, failing which the said

amount shall carry interest at the rate of 9% per annum from

the date of default, till the deposit.

5. The Miscellaneous First Appeal stands disposed of

in terms of the Joint Memo. The award of the Tribunal shall

stand modified accordingly. Draw up the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

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