HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF APRIL, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No.6093/2017 (WC) (Lok Adalat No. 2189/2018) BETWEEN 1. Mr. Shriram Singh, S/o Basawan Singh, Aged about 60 years, 2. Mrs. Parvathi Devi, W/o Shriram Singh, Aged about 51 years, 3. Radheshyam Singh, S/o Shriram Singh, Aged about 30 years, 4. Rani Kumari, D/o Shriram Singh, Aged about 22 years, 5. Nibha Kumari, D/o Shriram Singh, Aged about 20 years, 6. Sonu Kumar, D/o Shriram Singh, Aged about 23 years, 7. Abhimanya Kumar, S/o Shriram Singh, Aged about 14 years, Since minor rep. by his Next friend and natural Guardian father appellant No.1 Mr. Shriram Singh, All are R/at Bhakthesri House and Village, Baniyapura Post, Jalapur Taluk, Saran District Chapra, Bihar State - 841 403. ... Appellants (By Sri. G. Ravishankar Shastry, Advocate) AND 1. M/s. Sri Krishna Shelters Pvt. Ltd., # 59, Sri. Krishna Sudha, West Anjaneya Temple Street, Basavanagudi Main Road, Gandhi Bazar, Bengaluru - 560 004.
2. The Branch Manager, New India Assurance Co. Ltd., Bommasandra Branch, KIADB Complex, 1st Floor, Hosur Main Road, Bommasandra, Bengaluru - 560 099. ... Respondents (By Sri. Ashok N. Patil, Advocate for R.2) MFA FILED U/S 30(1) OF THE EMPLOYEE’S COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 20.09.2016 PASSED IN ECA NO.10/2015 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND COMMISSIONER OF EMPLOYEES COMPENSATION, MANGALURU, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellants - claimants and the learned Counsel for the Respondent - New India Assurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants - Claimants have agreed to receive and the Respondent - Insurance Company has agreed to pay a lump-sum of Rs.4,42,740/- (Rupees Four Lakh Forty-two Thousand Seven Hundred and Forty 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.
3. 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.
4. Out of the enhanced compensation amount, Rs.1,00,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of minor appellant No.7 - claimant till he attains the age of majority and the minor guardian - appellant No.1 (Father) is at liberty to withdraw the accrued interest periodically. The remaining amount of Rs.3,42,740/- shall be released in favour of the remaining appellant Nos.1 to 6 - claimants proportionately, 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 LL