HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B.VEERAPPA AND SRI. M.N. UMASHANKAR, CONCILIATOR MISCELLANEOUS FIRST APPEAL NO.5374/2016(WC) (LOK ADALATH NO.6233/2017) BETWEEN:
SRI. SHRIDAR K. P., S/O K. M. PRABUDEVAPPA, AGED ABOUT 38 YEARS, R/AT HOUSE BELONGING TO LAKSHMAN CHANNAMMANA HALLI, RAMANAGARA – 562159.
(BY SMT. PADMAVATHI N, ADVOCATE) AND 1. M/S AKSHAY SPINNER NO. 73/1, 5TH MAIN ROAD, CHAMRAJPET, BENGALURU – 560018.
REPRESENTED BY ITS PROPRIETOR, MR. PURUSHOTHAM, 2. MANAGER, ORIENTAL INS. CO., ... APPELLANT CITY BRANCH – II, NO 1/1, CONNAUGHT ROAD, QUEENS ROAD CROSS, BENGALURU – 560052.
... RESPONDENTS (BY SRI A. M. VENKATESH, ADVOCATE FOR R2) … THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN COMPENSATION ACT, 1923 AGAINST THE JUDGMENT AND AWARD DATED 25.02.2016 PASSED IN ECA NO.215/2014 ON THE FILE OF THE VII ADDITIONAL JUDGE, & XXXII ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE THE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the Insurance Company along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lumpsum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand 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 this Court 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, Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) shall be deposited before this Court which shall be kept in the in fixed deposit name of the appellant in any Nationalised Bank for a period of five years with liberty to withdraw the accrued interest as and when it accrues. The balance amount of Rs. Rs.3,00,000/- (Rupees Three Lakhs only) /- shall be released in favour of the appellant.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal stands modified accordingly.
Office to draw up the award accordingly.
Sd/- JUDGE Sd/- CONCILIATOR Nsu/-