HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY & SMT.SAYEEDUNNISA, MEMBER MISCELLANEOUS FIRST APPEAL NO. 7731/2013 (MV) (LOK ADALATH NO. 3261/2017) BETWEEN:
1. Sri. Annappa, S/o Late Rangaiah, Aged about 51 years.
2. Smt. Nagamma, W/o Annappa, Aged about 40 years, Both are residing at Baguvalli, Simse Village, Narasimharajapura Taluk, Chikkamagalur District – 577134. ... Appellants (By Sri. Venugopal M.S., Advocate) AND:
1. Sri. Nagaraja, S/o Gopala Naika, Aged about 35 years, R/at Krishnoor Hosakere, N.R.Pura Taluk, Chikkamagalur District 577134. (Driver of the vehicle) 2. Sri. M.M. Jose, S/o Mathaise, Aged about 55 years, R/at Honnakodige, Hanthuvani Circle, Varkaate Village, N.R. Pura Taluk, Chikkamagalur District 577134.
3. M/s. New India Assurance Co. Ltd., N.A. Complex, 3rd Cross Road, Neharu Road, Shimoga – 577201. ... Respondents (By Sri. G.S. Balagangadhara, Advocate for R1.
Sri. M.P. Srikanth, Advocate for R3, R2 – served but unrepresented) This MFA is filed u/s 30(1) of W.C. Act against the judgment dated: 20.03.2013 passed in WCA.KAPAKA/F No. 04/2010 on the file of the Labour Officer and Commissioner for Workmen’s Compensation, Sub Division-10, Chikkamagalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for conciliation before Lok Adalat after being referred vide order dated 24.07.2017, the following conciliation order is passed.
CONCILIATION ORDER The learned counsel for the second respondent-Insurance Company along with its representatives and the learned counsel for the appellants-claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-Insurance Company, subject to approval, has agreed to pay and appellants - claimants have agreed to receive a lump-sum of Rs.4,83,000/- (Rupees Four Lakhs Eighty Three Thousand Only) in addition to what has been awarded by the Labour Officer and Commissioner for Workmen’s Compensation, in full and final settlement of the claim.
3. The Insurance Company has agreed to deposit the said amount before the Labour Officer and Commissioner for Workmen’s Compensation 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. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The award of the Labour Officer and Commissioner for Workmen’s Compensation shall stands modified accordingly. Draw up the Award accordingly.
Apportionment shall be in terms of the order of the Labour Officer and Commissioner for Workmen’s Compensation. Out of the enhanced amount 40% shall be released in favour of the first appellant.
Sd/- JUDGE Sd/- MEMBER JS