Nagarajnaik S/O Chandranaik vs Kirankumar E P S/O Parushottam E V
2021 Latest Caselaw 6784 Kant

                      -1-




      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. 101381 OF 2020
                      (ECA)
          LOK ADALAT NO.1897/2021

BETWEEN

NAGARAJNAIK S/O CHANDRANAIK
AGE:26 YEARS,
OCC: CLEANER,
R/O: BIDAGONDANAHALLI
TQ: CHANNAGIRI,
NOW AT VIDYANAGAR, RANEBENNUR,
DIST: HAVERI
                                         ...APPELLANT

(BY SRI.CHANDRASHEKHAR M HOSAMANI, ADV.,)

AND

1 . KIRANKUMAR E P S/O PARUSHOTTAM E V
AGE:MAJOR,OCC:BUSINESS
                          -2-




    R/O: GROUND FLOOR
    BVALAJI PHARMA, 2 CROSS, JAYANAGAR,
    SHIVAMOGGA-577201

    2 . THE LEGAL CLAIMS MANAGER
    CHOLAMANDALAM MS GENERAL INSURANCE CO.LTD.,
    1ST FLOOR, KALABURGI COMPLEX,
    DESHPANDE NAGAR,
    HUBBALLI-580 029

                                           ...RESPONDENTS

(BY SRI.SUBHASH BADDI, ADV,. FOR R2;

NOTICE TO R1 DISPENSED WITH )

THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED 03.12.2019 PASSED IN ECA.NO.3/2016, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER EMPLOYEES COMPENSATION, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.18/08/2018

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

CONCILIATION ORDER

Sir. Subhash Baddi, learned counsel accepts notice for

respondent -Insurance Company.

2. The learned counsel for the appellant and the

representative of Respondent -Insurance Company along with its

counsel are present.

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

appellant-claimant has agreed to receive and the respondent-

Insurance Company has agreed to pay a global compensation of

Rs.1,00,000/- (Rupees one lakh 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.

The same is accepted.

4. The entire amount shall be released in favour of the

claimant.

5. 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.

6. 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

Vb/-