The Manager, Icici Lombard Motor vs K Raju S/O Columbias @ Yesu
2021 Latest Caselaw 6641 Kant

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          HIGH COURT LEGAL SERVICES COMMITTEE,
                    DHARWAD BENCH

                    Before the Lok Adalat

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

          Dated this 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.25137/2012 (WC)
                   Lok Adalat No.2076/2021

BETWEEN

THE MANAGER, ICICI LOMBARD MOTOR
INSURANCE CO.,
Ist FLOOR MAYURA HOTEL COMPLEX,
BELLARY, REP. BY MANAGER (LEGAL)
ICICI LOMBARD GENERAL INSURANCE
COMPANY, BELLAD BUILDING,
2ND FLOOR, GOKUL ROAD,
HUBLI.
                                                ...APPELLANT
(BY SRI. S K KAYAKAMATH, ADVOCATE)

AND

1. SRI. K RAJU S/O COLUMBIAS @ YESU,
  AGE: 26 YEARS,
  R/O: BHAGYANAGAR,
  TQ AND DIST: KOPPAL.
                                 2




2. THE MANAGING PARTNER,
   M/S KALYANI EARTH MOVERS AND
   TRANSPORTERS AND FLEET AND OWNERS,
   KA-35/8655,
   R/O: BEHIND BALDOTA HOUSE,
   GANDHI COLONY, HOSPET,
   TALUK: HOSPET, DIST: BELLARY.
                                              ...RESPONDENTS

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1) (NOTICE TO R2 DISPENSED WITH)

THIS MFA IS FILED U/S 30(1) OF WORKMEN'S COMPENSATION ACT 1923, AGAINST THE JUDGMENT AND ORDER DATED 29.02.2012 PASSED IN W.C.A. NO.47/2010 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMNE'S COMPENSATION, KOPPAL, AWARING THE COMPENSATION OF RS.1,33,427/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.

THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant-insurance company

and its representative and Respondent No.1-claimant along with

their counsel are present.

2. After prolonged negotiations, the matter is settled. The

appellant-insurance company has agreed to pay and the

respondent No.1-claimant has agreed to receive a global

compensation of Rs.1,00,000/- (Rupees One Lakh only), as

against the compensation awarded by the Workmen's

Compensation Commissioner, 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

respondent No.1-claimant.

4. The excess amount, if any, after paying the sum of

Rs.1,00,000/- to the respondent No.1-claimant be refunded to

the appellant-insurance company.

The Miscellaneous First Appeal stands disposed of in terms

of the Joint Memo. The award of the Commissioner for

Workmen's Compensation shall stand modified accordingly. Draw

up the award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

Kms