HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE MOHAMMAD NAWAZ & SRI. I.S.PRAMOD CHANDRA, MEMBER M.F.A.No.7254/2018 (EC) (Lok Adalat No.1005/2019) BETWEEN:
SMT. PURNAMMA, W/O.LATE HATTI THIMMANNA, SINCE DEAD 1. UMESH, S/O.LATE HATTI THIMMANNA, AGED ABOUT 26 YEARS, 2. SUNIL KUMAR, S/O.LATE HATTI THIMMANNA AGED ABOUT 22 YEARS BOTH ARE RESIDING AT, BYTEMARADHAHATTI, HALLMADENAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT.
... APPELLANTS (BY SRI VENKATE GOWDA K., ADVOCATE) AND:
1. SRI CHANDRAPPA, S/O.GIRIYAPPA, MAJOR, R/AT GOKULNAGAR, ARISINAGUNDI, HALLMADENAHALLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-572 143.
2. THE MANAGER, THE NEW INDIA ASSURANCE CO. LTD., B.H.ROAD, TUMKUR-572 102.
… RESPONDENTS (BY SRI S.V.SUDHAKAR REDDY, ADVOCATE FOR R2 NOTICE TO R1 IS D/W V/O DATED 31.05.2019) MFA FILED U/S 30(1)(a) OF THE EMPLOYEES COMPENSATION ACT, 1923 AGAINST THE JUDGMENT AND AWARD DATED 07.07.2018 PASSED IN ECA.NO.3/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, XIX MACT, CHIKKANAYAKANAHALLI.
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 –New India Assurance 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 global compensation of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand 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 entire enhanced compensation amount shall be released equally amongst appellants – claimants, on proper identification.
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 HB/-