Karnataka High Court
Sri K Raju vs Simhapuri Agritech Company Pvt.Ltd on 25 June, 2022
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE 2022
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE H T NARENDRA PRASAD
&
DR. S.V.GIRIKUMAR, MEMBER
M.F.A.No. 3607/2020 (ECA)
(Lok Adalat No.1479/2022 )
BETWEEN:
SRI. K.RAJU
S/O KENCHANAGOUDA
AGED ABOUT 31 YEARS
OCC: CLEANER WORK,
R/O DOOR NO.775/5, 3RD STAGE
TARALABALU EXTENSION,
VIMANAMATTI,
DAVANAGERE-577005
... APPELLANT
(BY SRI. G.J.SUNKAPUR, ADVOCATE)
AND:
1. SIMAHAPURI AGRITECH COMPANY PVT. LTD.,
(OWNER OF THE TATA L.P.T.
LORRY BEARING REG. NO.KA17/B-3511)
DOOR NO.134, 9TH CROSS
1ST FLOOR, 'A'BLOCK
DEVARAJ URS EXTENSION
DAVANAGERE-577006.
2
2. THE ORIENTAL INSURANCE COMPANY LTD.,
#238, ARCADE ROAD, JAMBUBALA COMPLEX
1ST FLOOR, VELLURU, TAMILNADU STATE-606905
BRANCH OFFICE/REPRESENTED BY:
THE ORIENTAL INSURANCE CO. LTD.,
A.M.ARCADE, 1ST FLOOR
NEAR VIDYARTHIBHAVAN,
C.G.HOSPITAL ROAD,
DAVANAGERE-577001
.. RESPONDENTS
(SRI. A.R.LAKSHMI NARAYANA ADV., FOR R-2) THIS MFA FILED U/S 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED 01.06.2019 PASSED IN MVC NO. ECA NO.16/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present through video conferencing/Physical Hearing. The learned 3 Counsel appearing for the Respondent - Insurance Company 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump- sum of Rs.50,000/- (Rupees Fifty Thousand only), in addition to what has been awarded by the claims tribunal, in full and final settlement of the claim.
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. The entire enhanced compensation amount shall be released in favour of the appellant - claimant, on proper identification. 4
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the Award accordingly.
Sd/-
JUDGE Sd/-
MEMBER VS