Santosh vs Waheem Miyan And Anr
2023 Latest Caselaw 10069 Kant

Karnataka High Court

Santosh vs Waheem Miyan And Anr on 9 December, 2023

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 HIGH COURT LEGAL SERVICES COMMITTEE,
             KALABURAGI
           BEFORE THE LOK-ADALAT

     IN THE HIGH COURT OF KARNATAKA
            KALABURAGI BENCH

  DATED THIS THE 9TH DAY OF DECEMBER,
                 2023

           CONCILIATORS PRESENT

  THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                       AND
   SRI. SHARNAGOUDA V. PATIL , MEMBER

        M.F.A. NO.202742/2023 (ECA)

           Lok Adalat No.591/2023

BETWEEN:

SANTOSH
S/O VENKATRAO ARADE,
AGE: 42 YEARS, OCC: DRIVER,
R/O VILLAGE RAJOLA,
TQ. BASAVAKALYAN-585327
                                   ...APPELLANT

(BY SRI. SACHIN M. MAHAJAN, ADVOCATE)
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AND

1.     MR. WAHEED MIYAN
       S/O SHARFODDIN QURESHI,
       AGE: MAJOR, OCC: LORRY BUSINESS,
       R/O NEW QURESH COLONY,
       MUCHALAMB ROAD,
       AT BASAVAKALYAN,
       TQ. BASAVAKALYAN.

2.     BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
       4TH FLOOR, V.A.KALBURGI MANSION,
       LAMINGTON ROAD,
       HUBLI.
                                 ...RESPONDENTS

(BY SRI. SUBHASH MALLAPUR, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF EC ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 07.10.2022 PASSED BY THE SENIOR CIVIL JUDGE & JMFC AND COMMISSIONER FOR EMPLOYEES COMPENSATION AT BASAVAKALYAN IN ECA NO. 3/2016 AND MODIFY THE SAID JUDGMENT AND AWARD BY ENHANCING THE COMPENSATION AMOUNT TO RS. 8,00,000/- AS CLAIMED BY THE APPELLANT.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED.

CONCILIATION ORDER

The learned counsel for the Appellant/Claimant 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.2,15,000/- (Rupees Two Lakhs

Fifteen 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 entire amount shall 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

LG