H. Mallesha S/O Ingalagi Ramanna vs Afzal Ahammad Khalasi
2021 Latest Caselaw 6530 Kant

         HIGH COU RT LEGAL SERVICES COMMITT EE
                    DHARWAD B ENCH

                 B EFORE THE LOK ADALAT

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD B ENCH

       DATED THIS THE 18 T H DAY OF DECEMB ER, 2021

                 CONCILIAT ORS PRESENT

        T HE HON'B LE MR. J USTICE RAVI V.HOSMANI
                             AND
          SHRI MRU TYU NJAY T AT A B ANGI, MEMB ER

              M.F.A. NO.101166 / 2015 (ECA)
                LOK ADALAT NO.1974/20 21


BETWEEN:

SRI H.MALLESHA
S/O INGALIGI RAMANNA
AGE: 21 YEARS,
OCC: CLEANER
R/O TALUR VILLA GE,
SANDUR TQ.
DIST: BELLARY.

                                           ...APPELLANT

(BY SRI B.C.JNANAYYASWAMI, ADVOCATE.)


AND:

1.     AFZAL AHAMMAD KHALASI
       MAJOR, OWNER OF LORRY
       R/O FATESHA COLONY,
       TAHASILDAR
       BUILDING, ANAN DNAGAR ROAD
       OLD HUBLI,
       DIST: DHARWAD.
                              2




2.    THE DIVISIONAL MANAGER
      UNITED INDIA INSURANCE CO.LTD.,
      BELLARY.

                                             ...RESPONDENTS

(BY SRI S.S.KOLIWAD, ADVOCATE FOR R2;

NOTICE TO R1 DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 30(1) OF THE EMPLOYEE'S

COMPENSATION ACT, 1923, AGAINST THE JUDGMENT

AND AWARD DATED 21.01.2015, PASSED IN

ECA.NO.76/2014, ON THE FILE OF SENIOR CIVIL

JUDGE CUM MEMBER VI-MOTOR ACCIDENT CLAIMS

TRIBUNAL, KUDLIGI, PARTLY ALLOWING THE

PETITION FOR COMPENSATION AND SEEKING

ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT AFTER BEING REFFERED BY THE

COURT, THE FOLLOWING CONCILIATION ORDER IS

PASSED:

CON CILIATION 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

sum of Rs.20,000/-(Rupees Twenty 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. Same is accepted.

3. The said 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% p.a.

from the date of default, till the date of 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

HMB