Karnataka High Court
Shri. Raju Yallappa Bagewadi, vs Sri. Mubarak Ibrahim Pendari, on 9 September, 2017
1
HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF SEPTEMBER 2017
CONCILIATORS PRESENT:
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
AND
SRI M. C. HUKKERI, MEMBER
M.F.A. NO.100683/2017 (ECA)
LOK ADALATH NO.704/2017
BETWEEN:
RAJU YALLAPPA BAGEWADI,
AGE: 43 YEARS,
OCC: DRIVER (NOW NIL),
R/O: BELLAD BAGEWADI,
TAL: HUKKERI, DIST: BELAGAVI.
... APPELLANT
(BY SRI. SANTOSH S HATTIKATAGI, ADVOCATE )
AND
1. SRI. MUBARAK IBRAHIM PENDARI,
AGE: MAJOR, OCC: BUSINESS,
R/O: MULLA PLOT CHIKODI,
TAL: CHIKODI, DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
DIVISIONAL OFFICE,
2
THE UNITED INDIA INSURANCE CO. LTD,
MARUTI GALLI, BELAGAVI.
... RESPONDENTS
(BY SRI. LAXMAN B MANNODDAR, ADVOCATE FOR R2) (R1 NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES' COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.10.2016, PASSED IN E.C.A.NO.86/2014, ON THE FILE OF THE I - ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER UNDER EMPLOYEES' COMPENSATION ACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF THE COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER The learned counsel for the appellant and the learned counsel for Respondent -Insurance Company are present.3
2. After due deliberations, the parties have arrived at a settlement. The appellant-claimant has agreed to receive and the Respondent - Insurance Company has agreed to pay global compensation of Rs.2,10,000/- (Rupees Two lakh and ten thousand only) inclusive of interest 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 9% p.a. from the date of default, till the date of deposit.
4. Out of the enhanced amount, Rs.1,00,000/- (Rupees One lakh) is agreed to be invested in Fixed Deposit in the name of the claimant in any 4 Nationalised Bank/Post office for a period of three years and the Bank is directed to release the Fixed Deposit amount on maturity with accrued interest without insisting on any further orders from the Tribunal. The Tribunal shall issue Fixed Deposit slip to the claimant immediately after deposit. Amount of Rs.1,10,000/-(Rupees one lakh and ten thousand) shall be released in favour of the claimant.
5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly.
Sd/-
JUDGE Sd/-
MEMBER yan