Shriram General Ins Com Ltd vs Manjunath S/O Anandappa Myadar
2022 Latest Caselaw 10734 Kant

                             1




             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

           DATED THIS THE 13TH DAY OF JULY, 2022

                          BEFORE

       THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

     MISCELLANEOUS FIRST APPEAL NO.103413/2017 (ECA)
                          C/W.
     MISCELLANEOUS FIRST APPEAL NO.100294/2018 (ECA)


IN MFA NO.103413/2017

BETWEEN:

SHRIRAM GENERAL INS COM LTD.,
V.A. KALBURGI, HALLMARK BUILDING
DESAI CROSS, PINTO ROAD
HUBBALLI, REPTD BY ITS
AUTHORIZED SIGNATORY
                                              ...APPELLANT.

(BY SHRI NAGARAJ C KOLLOORI, ADVOCATE.)

AND:

1.     MANJUNATH S/O ANANDAPPA MYADAR
       AGE: 30 YEARS, OCC. NIL
       R/O: HOLABIKONDA VILLAGE
       TQ. HIREKERUR, DIST. HAVERI
       NOW @ SHIDDESHWARA NAGAR
       RANEBENNUR, DIST. HAVERI

2.     MUKHABUL S/O KHASIMSAB HALLYAL
       AGE:MAJOR, OCC. BUSINESS
       R/O: H.NO.673, KOTEGALLI
       RATTIHALLI VILLAGE
       TQ. HIREKERUR, DIST. HAVERI
                                           ...RESPONDENTS.

(BY SHRI C.M.HOSAMANI, ADVOCATE, FOR R.1;
R.2 - NOTICE SERVED.)


     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923,
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PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
04.07.2017, PASSED IN ECA NO.5/2015, ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ENHANCING
COMPENSATION, ETC.,.



IN MFA NO.100294/2018

BETWEEN:

MANJUNATH S/O ANANDAPPA MYADAR
AGE: 30 YEARS,
OCC: NIL (COOLIE/HAMAL),
R/O: HOLABIKONDA VILLAGE,
TQ: HIREKERUR, DIST: HAVERI,
NOW @ SHIDDESHWARA NAGAR,
RANEBENNUR, TQ: RANEBENNUR,
DIST: HAVERI.
                                            ...APPELLANT.

(BY SHRI C.M.HOSAMANI, ADVOCATE.)


AND:

1.     MUKHABUL S/O KHASIMSAB HALIYAL
       AGE: MAJOR, OCC: BUSINESS,
       R/O: H.NO.673, KOTEGALLI,
       RATTIHIALLI VILLAGE,
       TQ: HIREKERUR, DIST: HAVERI.

2.     THE MANAGER LEGAL CLAIMS
       SHRIRAM GENERALL INSURANCE CO. LTD.,
       V A KALBURGI HALLAMARK BUILDING,
       DESAI CROSS, PINTO ROAD,
       HUBBALLI-580029.
                                         ...RESPONDENTS.

(BY SHRI N.C.KOLLOORI, ADVOCATE, FOR R.2;
R.1 - NOTICE SERVED.)


      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
04.07.2017, PASSED IN ECA NO.5/2015, ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MOTOR
                                3




ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ENHANCING
COMPENSATION, ETC.,.

     THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:


                          ORDER

Learned counsel Shri Chandrashekhar M. Hosmani,

who has filed connected appeal in MFA No.100294/2018

on behalf of the claimant, accepts notice for the claimant

who is respondent No.1 in MFA No.103413/2017.

2. These appeals have been preferred

challenging the judgment and award dated 4.7.2017,

passed by the Addl. Senior Civil Judge and Addl. MACT,

Ranebennur, in ECA No.5/2015.

3. During the pendency of these appeals, the

parties to the proceedings have amicably settled the

dispute before the Lok Adalath in order to buy peace and

bring about a finality to the litigation on hand of the year

2015. Accordingly both the contesting parties along with

their respective advocates having agreed to settle the

matter as per the terms and conditions entered into by

the parties in the joint memo, which is filed before the

Court today. Same is accepted.

4. The claimants have agreed to receive and the

insurance company has agreed to pay a total lump sum

of Rs.1,45,462/- as against the award of the tribunal of

Rs.80,462/- as full and final settlement of the claim.

5. Both the learned counsel who are present

before the Court have agreed to the terms and conditions

of the joint memo which shall be a part of the record.

6. In view of both the parties and their

respective counsel having settled the matter amicably

between themselves and having consented to accept

certain amount which is mentioned in the joint memo. In

view of the above, it would be a futile effort to proceed

further in these appeals. Hence, under these

circumstances the present appeals need not be delved

into further.

7. Insurance Company has agreed to deposit the

said amount, excluding the amount, if any already

deposited, before Tribunal within a period of six weeks

from the date of this order. On deposit, the said amount

shall be released in favour of claimant.

8. Both appeals stand disposed of in terms of

Joint Memo. Award of Tribunal shall stand modified. Draw

up the award accordingly.

9. The amount in deposit, if any, shall be

transmitted to the concerned tribunal, forthwith.

SD/-

JUDGE

Mrk/-