Shivaraj S/O Revanappa @ ... vs Revanappa @ Revanepa S/O ...
2022 Latest Caselaw 9647 Kant

        HIGH COU RT LEGAL SERVICES COMMITT EE
                   DHARWAD B ENCH

               B EFORE THE LOK ADALAT

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD B ENCH

        DATED THIS THE 25 T H DAY OF JU NE, 2022

                CONCILIAT ORS PRESENT

         THE HON'B LE MR. JUSTICE M.G.S.KAMAL
                          AND
              SHRI M.C.HU KKERI, MEMB ER

             M.F.A. NO.101591 /2019 (MV)
              LOK ADALAT NO.557/ 20 22

BETWEEN:

1.   SHIVARAJ S/O REVANAPPA @ REVANEPPA BALLER
     AGE : 28 YEARS, OCC:NIL(DRIVER)
     R/O: 2ND CROSS, TARALABALU
     EXTENSION, "A" BLOCK,
     RATTIHALLI VILLAGE,
     TQ : HIREKERURU,
     DIST : HAVERI


                                            ...APPELLANT

(BY SRI. CHANDRASHEKHAR M HOSAMANI, ADV.)

AND:

1.   REVANAPPA @ REVANEPA S/O BHARAMAGOUDA
     BALLER
     AGE : MAJOR, OCC: BUSINESS,
     R/O : 2ND CROSS, TARALABALU
     EXTENSION, "A" BLOCK,
     RATTIHALLI VILLAGE,
                               2




     TQ : HIREKERURU,
     DIST : HAVERI
     (OWNER OF THE CAR BEARING
     REG NO KA-27/M-6733)

2.   THE DIVISIONAL MANAGER,
     NEW INDIA INSURANCE CO LTD
     A M ARCADE, NEAR VIDYARTHI
     BHAVAN, C G HOSPITAL ROD,
     DAVANAGERE - 577 001
     (INSURER OF THE CAR BEARING
     REG NO KA-27/M-6733)
     POLICY NO 68050431140100005-81
     VALID FROM 10.01.2015 TO 09.01.2016


                                               ...RESPONDENTS

(BY SRI.S.S.KOLIWAD, 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:01.10.2018, PASSED IN ECA.NO.4/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HIREKERUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIAT ION BEFORE LOK ADA LAT AFTER BEING REFFERED B Y THE COURT, T HE FOLLOW ING CONCILIAT ION ORDER IS PASSED:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent-Insurance Company along

with its counsel are present.

2. 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.80,000/- (Rupees Eighty

thousand 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. Same

is accepted.

3. The said amount to be released in favour of the

claimant.

4. 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.

5. 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 KGK