Mahendra.K.N S/O Nagaraja K vs Sri.C.Shivamurthy S/O Chandrashekara
2023 Latest Caselaw 9916 Kant

Karnataka High Court

Mahendra.K.N S/O Nagaraja K vs Sri.C.Shivamurthy S/O Chandrashekara on 9 December, 2023

          HIGH COURT LEGAL SERV ICES COMMI TTEE
                    DHAR WA D BENCH

                BEFOR E TH E L OK ADALATH

            IN TH E HIGH COURT OF KARNA TAKA
                     DHAR WA D BENCH

      DA TED THIS THE 0 9 T H DAY OF DECEMBER, 2023

                 CONC ILIATORS PRES ENT:

     HON'BLE MR.JUS TIC E HA NCHA TE SA NJEEVKUMA R
                          AND
              SRI V.G.DA LWAI, MEMB ER

               M.F.A.NO.101493/2019[ECA]
BETWEEN
MAHENDRA K.N. S/O. NAGARAJA K.,
AGE:27 YEARS, OCC:EX.BUS DRIVER,
R/O: MARENAHALLI ROAD,
JAGALUR TOWN,
PRESENTLY AT BALLAKATTE VILLAGE,
KUDLIGI TALUK, BALLARI DISTRICT.
                                               ...APPELLANT
(BY SRI MANJUNATH JADAI, ADVOCATE)

AND
1. SRI C.SHIVAMURTHY S/O. CHANDRASHEKARA,
   MAJOR, OWNER OF THE SVMS BUS
   BEARING NO.KA-38/3994, R/O: PROP., SVMS
   NEAR AZAD FLOOR MILL, B.D.ROAD,
   CHITRADURGA - 577 501.

2. THE DIVISIONAL MANAGER,
   M/S. ORIENTAL INSURANCE CO., LTD.,
   BALLARI - 583 101
                                             ...RESPONDENTS

(BY SRI S.S.KOLIWAD, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE'S COMPENSATION ACT, 1923, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 13.06.2018 PASSED IN ECA NO.02/2015, ON THE FILE OF SENIOR CIVIL JUDGE - CUM - MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, AT KUDLIGI, BY ALLOWING TO MEET THE ENDS OF JUSTICE AND EQUITY.

THE APPEAL BEING REFERRED TO LOK ADALAT COMING ON FOR CONCILIATION THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for appellant-claimant and the

representative of 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 Insurance Company has agreed to pay a global

compensation of Rs.3,45,000/- (Rupees Three lakhs forty

five 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.

The same is accepted.

3. The said amount shall be released in favour of

appellant-claimant.

4. The 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

HMB/-