Govinda vs Prakash H R
2021 Latest Caselaw 6685 Kant

  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 MRS. JUSTICE S.SUJATHA
                              &

               SMT. MANJULA N TEJASWI, MEMBER
                  M.F.A.No. 5495/2021 (ECA)
                  (Lok Adalat No. 3207/2021)
BETWEEN:

       GOVINDA
       S/O LATE HONNEGOWDA
       AGED ABOUT 47 YEARS,
       R/A BEVINAKUPPE VILLAGE
       KASABA HOBLI, PANDAVAPURA TALUK
       MANDYA DISTRICT
                                                   ... APPELLANT

           (BY SRI. RAGHU R, ADVOCATE)
AND:
       1. PRAKASH H R
          MAJOR, S/O LATE RAMEGOWDA
          R/A HIREMALI VILLAGE
          KASABA HOBLI, PANDAVAPURA TALUK
          MANDYA DISTRICT-5714374

       2. THE DIVISIONAL MANAGER
          THE ORIENTAL INSURANCE COMPANY LTD.,
          DO II NEW MUSLIM HOSTEL COMPLEX
          OPPOSITE TO FIRE BRIGADE, 1ST MAIN
          SARASWATHIPURAM, MYSORE-570001

                                                 ... RESPONDENTS

(BY SRI. JANARDHAN REDDY ADV., FOR R-2)

THIS MFA FILED U/S 30(1) OF EMPLOYEE COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2021 PASSED IN ECA NO.3/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant 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 appellant/claimant

(being authorized by the appellant/claimant to sign) and the learned

advocate appearing for the respondent - Insurance Company and its

authorized officer is filed. The appellant-claimant has agreed to receive

and the respondent-Insurance Company has agreed to pay a lump-

sum of Rs.85,000/- (Rupees Eighty 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 entire enhanced compensation amount shall be released in

favour of the appellant - claimant, on proper identification.

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

VS