HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
BETWEEN:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI M.N. UMASHANKAR, MEMBER M.F.A.No.8533/2017 (WC) (Lok Adalat No.3624/2019) 1. SMT. PRATHIBHA B.N., AGE 23 YEARS, W/O LATE C. MANJUNATH.
2. PRUTHVI, AGED ABOUT 3 YEARS, S/O LATE C. MANJUNATH, SINCE MINOR R/B, N/G, MOTHER THE APPELLANT – 1.
3. CHIKKAKEMPAIAH, AGED ABOUT 53 YEARS, S/O ERAKATAIAH.
4. SHIVAGANGAMMA, AGED ABOUT 48 YEARS, W/O CHIKKAKEMPAIAH, ALL ARE RESIDENTS OF LAKKANAHALLI HOBLI, BELLAVI HOBLI, TUMAKURU TALUK, AND:
NOW AT JYOTHINAGARA, SIRA TOWN, TUMAKURU DISTRICT.
(BY SRI. PATEL D. KAREGOWDA, ADVOCATE) ...APPELLANTS 1 . NATARAJU K.N.
AGED ABOUT 40 YEARS, S/O LATE NAGARAJU K.C., SRI. NATARAJA FERTILIZERS, 2ND MAIN ROAD, NEW MANDIPET, TUMAKURU – 572 101.
2 . BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.31, GROUND FLOOR, TBR TOWER, I CROSS, NEW MISSION ROAD, NEAR BENGALURU STOCK EXCHANGE, BENGALURU – 560 027, BY ITS MANAGER.
(BY SRI. B.PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O DATED 22.03.2018) …RESPONDENTS MFA FILED U/S 30(1) OF THE EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED: 08.07.2017 PASSED ON ECA NO.38/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT AND JMFC, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the second Respondent – Bajaj Allianz General Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.3,00,000/- (Rupees Three Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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.
4. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER MBM