Smt Leelamma vs Sri Jagadish
2021 Latest Caselaw 6695 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. 470/2020 (ECA)
                (Lok Adalat No.2878/2021)

BETWEEN:

1.     SMT LEELAMMA
       W/O LATE INDRA KUMAR ALIAS INDRESH,
       AGED ABOUT 35 YEARS,
       R/O NAYAKANAHALLI VILLAGE
       KATTAYA HOBLI, HASSAN TALUK - 573 201.
2.     THEJASWINI
       D/O LATE INDRA KUMAR ALIAS INDRESH
       AGED ABOUT 11 YEARS,
       REP BY NATURAL GUARDIAN MOTHER SMT. LEELAMMA
       R/O NAYAKANAHALLI VILLAGE
       KATTAYA HOBLI, HASSAN TALUK - 573 201
3.     PUNITHGOWDA
       S/O LATE INDRA KUMAR INDRESH
       AGED ABOUT 9 YEARS,
       SINCE THE APPELLANTS 2 AND 3 ARE THE MINORS
       REP BY THEIR NATURAL GUARDIAN MOTHER SMT.
       LEELAMMA
       R/O NAYAKANAHALLI VILLAGE
       KATTAYA HOBLI, HASSAN TALUK - 573 201

                                            ... APPELLANTS
                               2




(BY SRI. JAGADEESH H T, ADVOCATE)
AND:

1.   SRI JAGADISH
     S/O JAVARAPPA ALIAS JAVAREGOWDA,
     NO. 817, SOORNAHALLI VILLAGE,
     KASABA HOBLI
     HOLEARSHIPURA TALUK - 573 210
2.   THE MANAGER,
     SRI RAM GENERAL INSURANCE COMPANY LTD
     E-8, EPIP SEETHAPURA INDUSTRIAL AREA
     JAIPUR, RAJASTHAN - 302022
     REP BY
     THE LEGAL MANAGER
     SRI RAM GENERAL INSURANCE CO LTD.,
     BOWRING HOSPITAL ROAD
     SHIVAJINAGARA
     BENGALURU - 560 001
3.   NAGARAJA
     S/O RANGEGOWDA,
     RAYARAKOPPLU VILLAGE
     PLAYA HOBLI
     ALUR TALUK - 573 110
                                        ... RESPONDENTS

(BY SRI. B C SHIVANNE GOWDA ADVOCATE FOR R-2)

THIS MFA FILED U/S.30(1) OF EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DT.10.07.2017 PASSED IN ECA NO.116/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, COMMISSIONER FOR EMPLOYEES COMPENSATION, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSTION.

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.4,20,000/- (Rupees Four Lakhs Twenty 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 Judgment 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

VS