HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF MARCH, 2019 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE ARAVIND KUMAR AND SRI. S.RACHAIAH, MEMBER Miscellaneous First Appeal No.2300/2018 (Lok Adalat No. 74/2019) BETWEEN:
MR. NITHIN ARANHA S/O MR. SATISH ARANHA AGED ABOUT 43 YEARS R/AT DOOR NO.35, PROPRIETOR MALLIGEHANI ESTATE KALASA HOBLI MUDIGERE TALUK-577101 CHIKMAGALURU DISTRICT.
….APPELLANT (BY SRI. DEEPAK J, ADVOCATE) AND:
1. SMT. KAMALAKSHI W/O LATE RAMESH AGED ABOUT 37 YEARS R/AT MALLIGEHALLI ESTATE MALLIGEHANI ESTATE KALASSA HOBLI MUDIGERE TALUK-577101 CHIKMAGALURU DISTRICT.
2. M/S NATIONAL INSURANCE COMPANY LTD., 2ND FLOOR RASIK CHAMBERS OPPOSITE CENTRAL MARKET MARKET ROAD MANGALORE-575001 BY ITS BRANCH MANAGER.
….RESPONDENTS (BY SRI. M. NARAYANAPPA, ADVOCATE FOR R2) THIS MFA FILED U/S 30(1)(a) OF THE EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.08.2017 PASSED ON ECA NO.65/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE, AWARDING COMPENSATION OF RS.7,94,930/- WITH INTEREST AT 12% P.A. FROM THE DATE OF ACCIDENT TILL ITS REALIZATION FROM RESPONDENT NO.1.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH AFTER BEING REFERRED VIDE ORDER DATED 23.01.2019, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned counsel appearing for appellant-employer and Smt.Kamalakshi - first respondent, party in person are present.
2. After prolonged negotiations, the matter is settled. Appellant-employer has agreed to pay and first Respondent-Smt.Kamalakshi has agreed to receive additional lump-sum of `5,50,000/- (Rupees Five Lakhs Fifty Thousand only), in substitution to what has been awarded by the trial Court in full and final settlement of all claims. A joint Memo is filed on behalf of the parties along with Demand Draft dated 04.02.2019 bearing No.557238 drawn on State Bank of India in favour of first respondent herein for a sum of `5,00,000/-. Appellant who is present before Court submits that he has agreed to pay a sum of `50,000/- to the first respondent-claimant in addition to the amount of `5,00,000/- now being paid and said amount of `50,000/- can be withdrawn by the first respondent out of the amount deposited by the appellant before the jurisdictional Tribunal.
3. Learned Advocate appearing for appellant submits that he has already paid a sum of `1,00,000/- to first respondent herein. His submission is placed on record.
4. Trial Court has awarded a sum of `7,94,930/- with interest @ 12% p.a. to first respondent herein. In view of the settlement arrived at between parties, it is hereby ordered that out of the compensation deposited before tribunal, a sum of `50,000/- is ordered to be paid to first respondent- Smt. Kamalakshi and balance amount with accrued interest in deposit before tribunal shall be refunded to the appellant–Mr. Nithin Arenha on proper identification by the Registry of the tribunal forthwith.
5. Both parties who are present before Lok Adalath are identified by the learned Advocates appearing for appellant and second respondent. To establish the identities of parties present before Lok Adalath, photocopies of identity cards issued by the statutory authorities which are duly signed by parties has also been produced along with the joint memo. Same is placed on record.
6. Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER RU