Karnataka High Court
Smt. Shanthi vs Mylimane Estate on 14 February, 2022
Bench: P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14th DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MFA No.8799 OF 2018 (WC)
BETWEEN
1. SMT. SHANTHI
W/O LATE SURESHNAIKA
AGED ABOUT 28 YEARS,
2. KUM. SARIKA
D/O LATE SURESHNAIKA
AGED ABOUT 7 YEARS,
3. KUM. SOWJANYA
D/O LATE SURESHNAIKA
AGED ABOUT 6 YEARS,
APPELLANTS 2 AND 3 ARE MINORS
REP. BY THEIR NATURAL GUARDIAN
AND MOTHER APPELLANT NO.1
ALL ARE RESIDING AT
ARABIDKOOL ESTATE, KAIMARA POST
CHIKKAMAGALURU TALUK
CHIKKAMAGALURU DISTRICT - 577 101.
... APPELLANTS
(BY SRI VENKATE GOWDA K., ADVOCATE)
2
AND
1. MYLIMANE ESTATE
ARABIKOOL DIVISION,
(TATA COFFEE LTD.,)
JOLDAL POST, CHIKKAMAGALURU
TALUK & POST, CHICKKAMAGALURU
TALUK & DISTRICT - 577 101
REP. BY ITS SR. MANAGER
2. THE DIVISIONAL MANAGER
M/S UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, K.M.ROAD,
CHICKKMAGALUR - 577 101.
...RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R2;
SRI SOMASHEKAR, ADVOCATE FOR R1)
THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES COMPENSATION ACT AGAINST THE JUDGMENT
AND AWARD DATED 18.08.2018 PASSED ON ECA NO.10/2015
ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE &
JMFC, CHIKKAMAGALUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Smt. Shanthi, appellant No.1 is present. Two other
appellants are her minor daughters. Representative of
respondent No.1 - Sri. Mathew P.K., is present. Learned
counsel for the appellants - Sri. Venkate Gowda K. and
learned counsel for respondent No.1 - Sri. Somashekar,
are present.
2. The parties have presented a joint memo
signed by the learned advocates as well as Appellant No.1
and Sri. P.K. Mathew. As per the same, the claim is
settled between the parties for a sum of Rs.3,60,000/-.
3. Sri. Somashekar, learned counsel submits that
the amount will be deposited before the Prl. Senior Civil
Judge & JMFC, Chickkamagaluru, immediately after receipt
of certified copy of the order passed today before this
Court.
4. Appellant No.1 and representative of
respondent No.1 both submit that the joint memo is in
accordance with the understanding arrived at between
them and they have understood the terms of the same.
The xerox copy of the pay order for Rs.3,60,000/- is also
produced along with the joint memo and I am satisfied
that the parties have genuinely entered into the settlement
and since, it is in the interest of parties, the same is
permitted. Accordingly, Joint Memo is accepted. Appeal is
allowed accordingly. Registry to draw up decree in
accordance with the joint memo.
The amount of Rs.3,60,000/- shall be deposited by
respondent No.1 before the Court of the Prl. Senior Civil
Judge & JMFC, Chickkamagaluru within a period of one
week from the date of receipt of certified copy of this
order. On such deposit being made, the learned Tribunal
shall pass suitable orders for keeping proportionate
amount in long term Fixed Deposit in the name of
appellant Nos.2 and 3 and the entitlement of appellant
No.1 shall be released forthwith.
SD/-
JUDGE
SV
