Sumithramma vs Syed Zubair Ahmed
2021 Latest Caselaw 6642 Kant

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     HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
               BEFORE THE MEGA LOK ADALAT

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 18TH DAY OF DECEMBER 2021

                     CONCILIATORS PRESENT:

          THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
                               &
                   SMT. S.SUSHEELA, MEMBER

                  M.F.A.No. 1356/2020 (ECA)
                  (Lok Adalat No. 2885/2021)

BETWEEN:

1.     SUMITHRAMMA,
       AGED ABOUT 44 YEARS,
       W/O. SRINIVASAPPA,

2.     SRINIVASAPPA,
       AGED ABOUT 52 YEARS,
       S/O. LATE DODDA MUNISHAMAPPA,

       BOTH ARE R/AT HARATI VILLAGE & POST,
       KOLAR TALUK AND DISTRICT - 563 101
                                                ... APPELLANTS
       (BY SRI. PAVAN CHANDRA SHETTY H, ADVOCATE)


AND:


1.     SYED ZUBAIR AHMED,
       AGE: MAJOR,
       S/O. SYED AMANULLA,
       MARJENALLI VILLAGE & POST,
       KOLAR TALUK AND DISTRICT - 563 101.
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2.    BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.,
      INDIA TOWERS, 4TH FLOOR,
      4TH CROSS, WILSON GARDEN,
      BENGALURU - 560 027
      REP: BY ITS MANAGER

                                             ... RESPONDENTS

(BY SRI. H N KESHAVA PRASHANTH, ADVOCATE FOR R2)

THIS MFA FILED U/S 30(1) OF EMPLOYEE COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.11.2019 PASSED IN ECA NO. 18/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellants - Claimants is present through video conferencing/Physical Hearing. The learned Counsel appearing for the Respondent - Insurance Company along with its representative are present.

2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a

lump-sum of Rs.25,000/- (Rupees Twenty Five Thousand only), in addition to what has been awarded by the claims tribunal, in full and final settlement of the claim.

3. 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.

4. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgement and Award passed by the Claims Tribunal.

5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER RN